ST. LOUIS — A Cobb County, Georgia, man who is disabled is suing the property owner of Dorsett Square Shopping Center, citing alleged disability discrimination.
Fred Nekouee filed a complaint on May 8 in the U.S. District Court for the Eastern District of Missouri St. Louis Division against Berg-Cahokia LLC alleging that the defendant violated the Americans with Disabilities Act (ADA).
According to the complaint, the plaintiff alleges that he visited the defendant's property and has encountered architectural barriers in the premises. Having progressive multiple sclerosis and requiring the use of a wheelchair for mobility, the plaintiff claims the barriers encountered have endangered his safety, impaired his ability to park a vehicle, impaired his ability to access the property and have impaired his use of the restroom.
As a result, Nekouee claims he failed to enjoy the goods, services, facilities and privileges of the premises.
The plaintiff holds Berg-Cahokia responsible because the defendant allegedly failed to make reasonable modifications in policies, practices or procedures in its premises for individuals with disabilities and failed to take efforts that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or treated differently than other individuals because of the absence of auxiliary aids and services.
The plaintiff seeks an injunctive relief to make all readily achievable alterations to the facility usable by individuals with disabilities, award of attorneys' fees, costs and litigation expenses, and such other relief as the Court deems just and proper. He is represented by Robert J. Vincze of Depew Gillen Rathbun and McInteer LC in Wichita, Kansas, and Lawrence A. Fuller of Fuller, Fuller and Associates PA in North Miami, Florida.
U.S. District Court for the Eastern District of Missouri St. Louis Division Case number 4:17-cv-01467-HEA