ST. LOUIS — A Johnson County, Indiana, man is suing a property owner of Regency Plaza, citing alleged disability discrimination.
Dennis Tooley filed a complaint June 6 in the U.S. District Court for the Eastern District of Missouri Eastern Division against TPP Regency 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 encountered architectural barriers in the premises. Having progressive multiple sclerosis and requiring the use of a wheelchair for mobility, the plaintiff claims the barriers have endangered his safety and impaired his ability to park a vehicle, access the property and use a restroom.
As a result, Tooley claims he failed to enjoy the goods, services, facilities and privileges of the premises.
The plaintiff holds TPP Regency 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 requests a trial by jury and seeks an order to evaluate and neutralize its policies and procedures towards persons with disabilities, award of attorneys' fees, costs and other 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 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-01624-RWS