Jefferson Parish sued over park’s lack of access for disabled

http://www.nola.com/politics/index.ssf/2016/01/jefferson_parish_sued_over_par.html#comments

A Jefferson Parish man is suing the parish, alleging it has failed to comply with the Americans with Disabilities Act at a Marrero park.

Though it has been more than 25 years since President George H.W. Bush signed the act into law, Jefferson Parish in some cases is still working to bring parish facilities into compliance. During the past election cycle, officials had to move nearly 30 polling places as the result of a settlement in a 2010 lawsuit that said the polling places weren’t accessible.

Lawrence Fultz filed the latest lawsuit in U.S. District Court in the Eastern District of Louisiana on Jan. 1. Fultz, whose left leg is amputated, lives about a mile and a half away from Johnny Jacobs Playground, which has sports fields and a pool, on 5th Avenue in Marrero.

Many aspects of the park aren’t up to the required ADA standards, the lawsuit claims. For example, there aren’t accessible-designated seats in the stands, sales and service counters are too high, and the stall in the men’s restroom is too narrow and doesn’t have handrails along the back wall. The paths to the baseball bleachers, pavilion and playground equipment aren’t handicap accessible, and there aren’t enough parking spots designated for those with disabilities, the lawsuit says.

Parish officials declined to comment on the ongoing litigation.

Fultz’s attorney, Andrew Bizer, said Fultz is suing because the way the Americans with Disabilities Act is set up, the only way to enforce the law is through litigation. Fultz is asking the parish to fix its facilities and pay him “nominal damages” that Bizer said will be limited.

“The spectrum is wide as to what judges can allow (for monetary damages), and it’s based on a variety of factors,” Bizer said. “But at the end of the day Mr. Fultz will not be getting rich off of Jefferson Parish.”

Fultz also filed three other lawsuits on Dec. 31 and Jan. 1 against entities and businesses near his home, alleging ADA violations at a Rite Aid, a shopping center, and at Subway and The Original Italian Pie restaurants. West Jefferson Medical Center, a parish-owned hospital, owns the Rite Aid property in question.

See the lawsuit below.

Filed under: General Problems