CLARKSBURG – A Fairmont man with cerebral palsy who uses a wheelchair has initiated a proposed class action against a restaurant group alleging several of its restaurant establishments do not have compliant accessibility in their parking lots and paths of travel.
Alexander Keefover, individually and on behalf of all others similarly situated, filed a complaint in U.S. District Court for the Northern District of West Virginia against Capstone Restaurant Group LLC and Lund Brown Enterprises LLC alleging violation of the Americans with Disabilities Act (ADA).
Keefover claims in his suit that he frequents the Hardee's located near the Meadowbrook Mall. He alleges the Hardee's and other establishments owned and controlled by the defendants do not meet ADA compliance and impede his and other disabled persons' full accessibility to the premises.
Keeover alleges the noncompliance issues include missing signage for accessible parking, accessible routes with incorrect slopes and no level landings at the top of the curb ramp.
Keefover seeks monetary and injunctive relief. He is represented by James Kirby III of Goodwin & Goodwin LLP in Charleston, Benjamin Sweet of The Sweet Law Firm PC in Pittsburgh, Pennsylvania and Jonathan Miller, Timothy Hale and Holly Blackwell of NYE Stirling Hale & Miller LLP in Santa Barbara, California.
U.S. District Court for the Northern District of West Virginia case number 1:19-CV-188