Suit against Dallas shopping center alleges ADA violations

Michelle Keahey, East Texas Bureau Jun. 11, 2012, 8:59am

SHERMAN - A large shopping center on Frankford Road in Dallas is being sued for alleged violations the Americans with Disabilities Act.

Andrew Scott filed suit against Frankford Crossing Shopping Center Dallas, Tx. LP and Frankford Crossing Shopping Center Dallas, Tx. Corp. on June 1 in the Eastern District of Texas, Sherman Division.

The property is a mixed use shopping center that includes business such as Oliver's Restaurant, Pho Colonial and a Bank of America branch.

Scott states that he uses a wheelchair for mobility and there was not an accessible route.

"[T]he route through which the disabled are sent through the property is not the route that is the one used by the general public to the maximum extent feasible as the law requires," the suit states.

In addition, the disabled route is not covered like the general public route is covered from rain and direct sun.

"Sending the disabled out into the rain for their route of travel while providing protection for the able bodied is the height of intentional discrimination," the lawsuit states.

The plaintiff is asking the court to enjoin the defendants from maintaining and to require that the defendants remove the architectural barriers that interfere with Scott's right to accommodations and for an award of damages, attorney's fees and court costs.

Scott is represented by Addison attorney Palmer D. Bailey.

A jury trial is requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:12-cv-00331

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