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Woman says Levin Furniture violated ADA

By Kyla Asbury | Oct 22, 2014

PITTSBURGH (Legal Newsline) - A Pennsylvania woman who previously filed seven class action lawsuits against various companies she claimed violated the American with Disabilities Act filed a lawsuit against Levin Furniture for also allegedly failing to abide by the ADA.

Sarah Heinzl filed her most recent class action lawsuit against Levin Furniture on Sept. 8 in the U.S. District Court for the Western District of Pennsylvania.

Heinzl claims Levin violated Title III of the Americans with Disabilities Act and its implementing regulations, in connection with accessibility barriers at various properties owned and managed by the defendant.

"Plaintiff has a mobility disability and is limited in the major life activity of walking, which has caused her to be dependent upon a wheelchair for mobility," the complaint states.

Heinzl has patronized the defendant’s facilities in the past, and intends to continue to patronize the facilities, according to the suit.

However, unless the defendant is required to remove the access barriers, Heinzl will continue to be denied full access to the defendant’s facilities and will be deterred from fully using the defendant’s facilities.

Heinzl claims the defendant has discriminated against the plaintiff and the class in that it has failed to make its facilities fully accessible to, and independently usable by, individuals who use wheelchairs.

The defendant’s conduct is ongoing, and Heinzl has been harmed by the defendant’s conduct, according to the suit.

Heinzl is seeking class certification and a permanent injunction which directs the defendant to take all steps necessary to remove the architectural barriers and to bring its facilities into full compliance with the requirements set forth in the ADA. She is being represented by R. Bruce Carlson, Benjamin J. Sweet and Stephanie Goldin of Carlson Lynch Ltd.

Heinzl previously 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 Robert C. Mitchell.

U.S. District Court for the Western District of Pennsylvania case number: 2:14-cv-01214

From Legal Newsline: Kyla Asbury can be reached at classactions@legalnewsline.com.

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