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MADISON - ST. CLAIR RECORD

Friday, May 17, 2024

Local hotels sued by Florida advocate over alleged ADA advertising violations

Lawsuits

BENTON - A Florida disability rights advocate has filed several suits in federal court against local hotels over claims they violated provisions of the Americans with Disabilities Act (ADA) by not providing necessary information on accessibility.

Patricia Kennedy, of Broward County, Fla. filed three separate lawsuits between April 10-15 in the U.S. District Court for the Southern District of Illinois against RS Inn of Collinsville, doing business as Fairfield Inn Saint Louis Collinsville, Drury Development Corporation, doing business as Drury Inn St. Louis Collinsville, and JAI Yogeshwar Lodging, doing business as Americas Best Value Inn West Frankfort.  

Kennedy filed her lawsuits through attorney Kimberly Corkill of Pensacola, Fla. 

According to her complaints, Kennedy claims she noticed the alleged ADA violations during several visits to the hotels and various booking sites with information on the hotels. 

The suit states that Kennedy uses a wheelchair or a cane for support and is "unable to engage in the major life activity of walking more than a few steps without assistive devices. 

"Plaintiff is an advocate of the rights of similarly situated disabled persons and is a 'tester' for the purpose of asserting her civil rights and monitoring, ensuring, and determining whether places of public accommodation and their websites are in compliance with the ADA," according to the complaint.

Kennedy claims she suffered frustration and humiliation as a result of discriminatory conditions. 

Under the ADA, individuals with disabilities must be able to make reservations for accessible guest rooms, which means that hotels must identify and describe features available, the suit states. The plaintiff visited the sites on eight days in March.

The sites "provide insufficient information about accessibility," and the plaintiff states that while they remain non-compliant "it would be a futile gesture to revisit the websites as long as those violations exist unless she is willing to suffer additional discrimination."

By operating the websites, the defendant is accused of contributing to the plaintiff's sense of isolation and segregation."

Kennedy asks the court to order the hotel to include information on disabled access, attorney fees and costs, and any other relief applicable for violations of the ADA. 

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