Kyla Asbury Oct. 22, 2014, 10:38am

PITTSBURGH (Legal Newsline) - A Pennsylvania man is suing Morgan's Foods Inc. for failing to abide by the Americans with Disabilities Act.

Damian Zipf visited the defendant's properties and discovered they violate the ADA, and he has been denied full access to the defendant's facilities, according to a complaint filed Sept. 10 in the U.S. District Court for the Western District of Pennsylvania.

Zipf claims he has a mobility disability and is limited in the major life activity of walking, which has caused him to be dependent upon a wheelchair for mobility.

"Plaintiff has patronized defendant’s facilities in the past, and intends to continue to patronize defendant’s facilities," the complaint states. "However, unless defendant is required to remove the access barriers...plaintiff will continue to be denied full access to defendant’s facilities...and will be deterred from fully using defendant’s facilities."

As a result of the defendant’s non-compliance with the ADA, the plaintiff’s ability to access and use the defendant’s facilities has been significantly impeded, according to the suit.

Zipf is seeking class certification and an injunction directing the defendant to take all necessary steps to remove the barriers to bring the facility into full compliance with the ADA. He is being represented by R. Bruce Carlson, Benjamin J. Sweet and Stephanie Goldin of Carlson Lynch Ltd.

A Pennsylvania woman previously filed eight class action lawsuits against various companies in the Pittsburgh-area who are allegedly also not fully compliant with the ADA.

In September, Sarah Heinzl filed a class action lawsuit against Levin Furniture. In July she filed class action lawsuits against Zamagias Properties, WP Realty Inc., CVS Caremark Corporation, Starbucks Corporation, Boston Market Corporation, Kamin Realty Company and Quality Foods Corporation in July for denying full access to their facilities for those with mobility disabilities.

Heinzl claims as an individual with a mobility disability who is dependent on a wheelchair, she has a keen interest in whether public accommodations have architectural barriers that impede full accessibility to those accommodations by individuals with mobility impairments.

The case is assigned to District Judge Cynthia Reed Eddy.

U.S. District Court for the Western District of Pennsylvania case number: 2:14-cv-01227

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