CLARKSBURG – A Fairmont man with cerebral palsy who uses a wheelchair has initiated a proposed class action against Go-Mart alleging several of its convenience stores do not have bathroom facilities that meet Americans with Disabilities Act requirements.
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 Go-Mart Inc. and unnamed individuals alleging violation of the Americans with Disabilities Act.
In his complaint, Keefover says he has visited several Go-Marts and claims the company has “systematically discriminated against individuals with mobility disabilities providing purportedly accessible bathroom facilities that consistently violate the ADA’s accessibility guidelines and routinely result in access barriers.”
Keefover has filed at least one other similar lawsuit claiming some restaurants do not meet ADA requirements.
Go-Mart is based in Gassaway and operates more than 100 stores throughout West Virginia, Virginia, Kentucky and Ohio. Attorneys representing Go-Mart filed an answer denying the allegations in Keefover’s complaint, but they declined further comment.
Keefover claims he and others have been denied full and equal access to defendants’ facilities and that Go-Mart repeatedly has denied individuals with disabilities full and equal access.
According to the complaint, 23 Go-Mart locations were surveyed. Of those, 16 had an issue with bathroom stall width not meeting the 60-inch minimum, 11 failed to provide an accessible interior route to the restroom, 10 failed to provide an accessible route from the parking area to the restroom. And all 23 didn’t have proper accessible bathroom signage.
Keefover seeks an order certifying a nationwide class action complaint, a declaratory judgment against Go-Mart saying it is in violation of ADA requirements, a permanent injunction directing Go-Mart to take all steps necessary to remove architectural barriers and bring their facilities into full ADA compliance, court costs, attorney fees and other relief.
He is being represented by James R. Akers of Akers Law Office in Charleston, Benjamin J. Sweet of Nye Stirling Hale & Miller in Pittsburgh as well as Jonathan D. Miller and Alison M. Bernal of Nye Stirling Hale & Miller in Santa Barbara, California. Go-Mart is being represented by Jill Hall and Sarah Phipps of Jackson Kelly.
The case has been assigned to District Judge Thomas Kleeh.
U.S. District Court for the Northern District of West Virginia case number 1:20-cv-00081
