PHILADELPHIA — The Independence Project Inc. filed a complaint on Sept. 7, in the U.S. District Court for the Eastern District of Pennsylvania Philadelphia Division, against Odyssey Foods of Pennsylvania for alleged violation of the Americans with Disabilities Act.
Odyssey Foods operates a Burger King restaurant that allegedly did not fully meet ADA requirements.
Plaintiff's organization members, which include individuals with disabilities, were allegedly harmed as they claimed they were denied access to, and full equal enjoyment of, the goods, services, facilities, privileges and accommodations of defendant's facility, known as Burger King.
The alleged access problems at the Burger King store, at 2359 Oregon Ave. in Philadelphia, allegedly still exist, even after an inspection for compliance, according to court documents.
The plaintiff holds Odyssey Foods of Pennsylvania responsible because the defendant allegedly failed to take efforts necessary to ensure access.
The plaintiff requests a trial by jury and seeks declaratory judgment, injunctive relief, award of attorney's fees, costs, litigation expenses, and such other relief as the Court deems just and proper. They are represented by David S. Dessen of Dessen, Moses & Rossitto in Willow Grove.
U.S. District Court for the Eastern District of Pennsylvania Philadelphia Division Case number 2:18-cv-03846-CDJ