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ST. LOUIS RECORD

Friday, April 19, 2024

Man accuses Shop 'N Save Warehouse Foods of failing to abide by ADA guidelines

Wheelchair 10

ST. LOUIS — A St. Louis County man is suing a grocery store, citing alleged disability discrimination.

Malcolm Johnson filed a complaint July 7 in the U.S. District Court for the Eastern District of Missouri against Shop 'N Save Warehouse Foods Inc. alleging 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. Having osteoarthritis, which makes walking more than a few feet extremely painful, the plaintiff claims the barriers have endangered his safety, impaired his ability to access the property and have impaired his use of the restroom. 

The plaintiff holds Shop 'N Save Warehouse Foods 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 alter in such a way as to effectuate compliance with the provisions of the ADA, even though removal is readily achievable.

The plaintiff requests a trial by jury and seeks to alter the property to make it accessible to and useable by individuals with mobility disabilities, award for attorneys' fees, costs, other expenses, and award such other and further relief as it deems necessary, just and proper. He is represented by Garret S. DeReus and Marck P. Florman of Bizer & DeReus in New Orleans.

U.S. District Court for the Eastern District of Missouri case number 4:17-cv-01931-SNLJ

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