Little Rock - Airdate: June 23rd, 2009

A disabled Arkansas man is suing more than a dozen Arkansas businesses in federal court.

Seven-On-Your-Side's Jason Pederson takes a look at why as well as another possible way to accomplish his goal.

####

There is an accessible bathroom.  The aisles are four feet wide.  The checkout counter is 36 inches high and there are the required number of disabled parking places.  

The owner of Hidden Treasures Antiques says she tries to accommodate all customers. That is why a federal lawsuit for violations of the Americans with Disabilities Act shocked her.

(Lonnie Karasek/Hidden Treasures Antiques) “They walked in here with these service papers and I didn’t have a clue that I was out of compliance about anything.  I've had this business for a long time and I've worked hard to get it here and the reputation that I have and I would never ever discriminate against anyone...iff I know about it.  And I’d fix it if it was feasible to fix.”

32 year-old Christopher Jensen was paralyzed from the chest down in a four wheeler accident in 2004.

In the past five years he has experienced first hand the obstacles many people with disabilities face.

(Christopher Jenkins/Gravel Ridge) “I didn’t know about ADA before I got put in a wheelchair.  I was a motorcycle rider and I thought the marked off area next to a handicapped parking place was perfect for my bike.  But that is reserved so wheelchairs can be unloaded out of vans.  ADA violations are everywhere.  Narrow aisles.  No handicapped parking or if there is handicapped parking it is not the way it is supposed to be.  The laws have been this way for 18 years and it hasn't caught on in Arkansas yet.”

(SeRonna Rodgers/Disability Rights Center) “Most of the time businesses are willing to comply because they don't want to be sued.”

The Disability Rights Center investigates ADA complaints and works with business owners to increase compliance.

In the case of Hidden Treasures, Jenkins says the main aisles were plenty wide for his wheelchair.  But many of the individual vendor booths are way too cluttered to allow him access.  He says he brought this to the attention of store employees but nothing changed.  That is why he sought out a lawyer and filed suit.

(Jenkins) “When the lawyer went and actually inspected himself he saw not only that but also saw all this other stuff that was wrong that I didn’t even notice. But it’s not just about me. It’s about anybody who is in a wheelchair.”

Karasek says Jenkins never spoke to her about his concerns. 

(Karasek) “Each one of my booths is not maybe wheelchair accessible.  But I have enough people around you can ask for assistance.  If that’s all you wanted was to fix it so that you could come in and shop then why don’t you sit down and talk to them (the businesses being sued).  I know a lot of people wouldn’t but I’m perfectly willing to fix what I can.”

(Rodgers) “Businesses have had seventeen years to comply.  Some of them don’t because they don’t care.  Some of them don’t because they think they have already and they try to make accommodations but they are not the ADA access guidelines.”

Jenkins says he was unaware of the Disability Rights Center before and that in the future he will likely contact them rather than a lawyer.

(Jenkins) “I don't like dealing with lawyers or anything like that but it is the only way I can get people around here to listen.”

If you are citizen with a complaint or a business with a question you can contact the Disability Rights Center in Little Rock at         501-296-1775 or 1-800-482-1174.

Jenkins is represented by New York attorney Michael J. Mirel who recently settled similar access lawsuits against ten New Jersey casinos.  

If successful his lawsuits are successful Jenkins will gain nothing financially.  His reward will be a less-challenging existence.

The other lawsuits target Kohl’s, JC Penney, Dillard’s, Dolgencorp LLC, Eagle Bank and Trust, Gamestop, Highway 107 Antique Mall, Spencer Gifts, Community Bakery, Daughtery and Daughtery, Playtime Pizza and Kiehl Avenue Associates.

(Reporter’s note: Additional information was added to this internet posting of the story that the time constraints of the newscast version would not allow).

 

 Email To Friend