Southeast ADA Center
2013
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Denise Payne (“Payne”), the plaintiff, is a resident of Florida who has cerebral palsy and uses a wheelchair for mobility. Payne is the founder of The National Alliance for Accessibility, Inc. (“National Alliance”), the other plaintiff in the case, and a non-profit corporation based in Florida. Payne is currently establishing local chapters in several cities in North Carolina. National Alliance’s mission includes addressing accessibility issues regarding places of public accommodation and preventing disability discrimination. Payne travels to North Carolina several times a year to meet with friends and to recruit members for National Alliance.
In October 2011, Payne visited Fayetteville, North Carolina and visited a store owned by Belk, the defendant. She encountered architectural barriers that denied her full and equal access to the benefits and services of the store, including: “lack of an accessible entrance and accessible paths of travel inside the store; the lack of access to goods and services;” and lack of access to the restroom which did not provide: the required standard stall, door hardware and compliant grab bars; dispensers within reach range; and, a stall door with the necessary clear floor space for a person with a disability.
On June 28, 2012, Payne and National Alliance (“plaintiffs”) filed suit under Title III of the Americans with Disabilities Act (“ADA”) arguing they were denied “access to, and full and equal enjoyment of, the goods, services, facilities, privileges, advantages and/or accommodations” of the defendant’s store. Plaintiffs also claimed that Belk’s failure to remedy these ADA violations is continuing discrimination, and sought injunctive relief (i.e., a court-order to require the defendant to make his store ADA compliant by fixing the architectural barriers).
On August 2, 2012, Belk filed a motion to dismiss the complaint claiming that plaintiffs do not have standing for their claims. Plaintiffs filed a response to the motion on August 22, 2012 to which defendant did not file a reply.
https://adasoutheast.org/court-decisions/national-alliance-for-accessibility-inc-v-belk-inc
Keywords: Americans with Disabilities Act, enforcement, legal concepts, public accommodations, standing