Disabled man sues gas station over alleged ADA violations
SHERMAN-A disabled Texas man has filed a lawsuit against a gas station claiming the business is not in compliance with the American with Disabilities Act's Accessibility Standards.
Acting as his own attorney, Enoch S. Doyle filed suit against Chapmon Inc., Ebenezer International and Does 1 through 20 on Sept. 28 in the Eastern District of Texas, Sherman Division.
Doyle states the Shell Service Station located on E. 14th St. in Plano has failed to provide the minimum legally required access for accommodating disabled people. He argues the station is "illegal, degrading and humiliating."
According to his complaint, the shopping area has merchandise protruding into the aisles, payment transactions are conducted more than 36 inches from the floor, there is no disabled parking and there are pot holes and uneven surfaces in the parking lot.
Further, he states the restroom has several violations including lack of grab bars, lack of floor space and a mirror located more 40 inches from the floor.
The defendants are accused of violations of the Americans with Disabilities Act, violating Texas regulations and statutes and general negligence.
Doyle is asking the court to issue an injunction to prevent the defendants from further discrimination, for an award of actual damages of $25,000 and statutory damages of $100 per violation, and for an award of litigation expenses and costs.
U.S. District Judge Richard A. Schell is assigned to the case.
Case No. 4:10-cv-00511