A proposed class action alleges the operator of at least 141 Burger King restaurants throughout Texas has failed to ensure that its parking lots are equally accessible to customers who rely upon wheelchairs for mobility.
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The plaintiff, a Texas resident who uses a wheelchair for mobility, says the sloping conditions at the defendant’s Burger King location in Arlington caused him to experience “unnecessary difficulty and risk of physical harm” getting in and out of his vehicle and navigating the facilities earlier this year. The man claims the excessive slopes “significantly impeded” his ability to access the parking lot, as he was forced to “exercise extra care” to avoid falling and safely traverse the area.
According to the case, the non-ADA-compliant sloping conditions are widespread across the defendant’s restaurants and are the result of the company’s inadequate internal maintenance procedures.
In fact, the plaintiff’s investigation examined several Burger King locations owned by the franchisee and found that two facilities had curb ramps with flare slopes exceeding the maximum percentage permitted by the ADA and five had curb ramps that projected into an access aisle, the filing says.
Per the case, Fritz Management’s “repeated and systemic” failure to maintain its facilities such that they are readily accessible to and usable by individuals with mobility disabilities constitutes unlawful discrimination.
The lawsuit looks to represent any wheelchair users with qualified mobility disabilities who encountered accessibility barriers within the parking areas of any Burger King locations owned by Fritz Management, LLC.
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