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Tuesday, October 15, 2019

Woman files another class action lawsuit alleging ADA violations

By Kyla Asbury | Oct 23, 2014

PITTSBURGH (Legal Newsline) - A woman who has filed at least eight class action lawsuits alleging violations of the Americans with Disabilities Act has filed a new lawsuit against Kohl's.

Sarah Heinzl has a mobility disability and is dependent upon a wheelchair, according to a complaint filed Oct. 6 in the U.S. District Court for the Western District of Pennsylvania.

Heinzl claims Kohls violated Title III of the Americans with Disabilities Act and its implementing regulations, in connection with accessibility barriers at various properties owned, operated, controlled and/or leased by the defendant.

"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 described below, plaintiff will continue to be denied full access to defendant’s facilities as described, and will be deterred from fully using defendant’s facilities."

Heinzl claims the defendant's facilities violate federal law.

The plaintiff has visited Kohl's retail property in Pittsburgh on multiple occasions and during these visits she experienced unnecessary difficulty and risk due to excessive slopes in the purportedly accessible parking area, according to the suit.

"The surfaces of one or more access aisles had slopes exceeding 1:48," the complaint states. "As a result of defendant’s non-compliance with the ADA, plaintiff’s ability to access and use Defendant’s facilities has been significantly impeded."

Heinzl claims though the defendant has centralized policies regarding the management and operation of its facilities, The defendant has never had a plan or policy that is reasonably calculated to make its facilities fully accessible to, and independently usable by individuals with mobility disabilities, the complaint says.

As an individual with a mobility disability who is dependent upon a wheelchair, Heinzl has a keen interest in whether public accommodations have architectural barriers that impede full accessibility to those accommodations by individuals with mobility impairments, according to the suit.

Heinzl claims without injunctive relief, the plaintiff will continue to be unable to fully access the defendant’s facilities in violation of her rights under the ADA.

Heinzl is seeking class certification and an injunction directing the defendant to take all steps necessary to remove architectural barriers . She is being represented by R. Bruce Carlson, Benjamin J. Sweet and Stephanie Goldin of Carlson Lynch Sweet & Kilpela LLC.

The case is assigned to District Judge Robert C. Mitchell

Heinzl previously filed a class action lawsuit against Levin Furniture on Sept. 8, and 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.

U.S. District Court for the Western District of Pennsylvania case number: 2:14-cv-01353

From Legal Newsline: Kyla Asbury can be reached at

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