ST. LOUIS — A Johnson County, Indiana, man is suing the property owner and operator of River City Casino & Hotel, citing alleged disability discrimination.
Dennis Tooley filed a complaint June 1 in the U.S. District Court for the Eastern District of Missouri Eastern Division against Pinnacle Entertainment Inc. 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 on the premises. Having multiple sclerosis and requiring the use of a wheelchair for mobility, the plaintiff claims the barriers have endangered his safety and have impaired his ability to park a vehicle, access the property and use the restroom.
As a result, Tooley claims he failed to enjoy the goods, services, facilities and privileges of the premises.
The plaintiff holds Pinnacle Entertainment 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 Jeff S. Keech of Law Offices of Jeff Keech in Chesterfield, Missouri and Brian T. Ku of Ku and Mussman, PA in Pembroke Pines, Florida.
U.S. District Court for the Eastern District of Missouri Eastern Division case number 4:17-cv-01600