Christina Spicer  |  February 16, 2015

Category: Consumer News

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Steak n Shake class action lawsuitLast week, a class action lawsuit was filed against restaurant chain Steak ‘n Shake Operations Inc. alleging that the accessible parking spots in several of its restaurants in Pennsylvania and Ohio are too steep for those who rely on wheelchairs and violate the Americans with Disabilities Act.

Lead plaintiffs Christopher Mielo and Sarah Heinzl filed the class action lawsuit in federal court in Pennsylvania. In their complaint they allege that they “experienced unnecessary difficulty and risk due to excessive slopes in a purportedly accessible parking space and access aisle” at two Steak ‘n Shake restaurants in the Pittsburgh-area. They also claim that accessible parking spaces at several Steak ‘n Shake restaurants in Youngstown, Ohio also present risk due to excessive slopes.

The plaintiffs argue that Steak ‘n Shake parking space surfaces with slopes exceeding ratios and with architectural barriers violate Title III of the Americans with Disabilities Act (ADA). “Title III of the ADA prohibits discrimination in the activities of places of public accommodation and requires places of public accommodation to comply with ADA standards and to be readily accessible to, and independently usable by, individuals with disabilities,” say the plaintiffs in their Steak ‘n Shake class action lawsuit. The plaintiffs propose to represent a Class of people who are dependent on wheelchairs.

“[D]efendant’s ADA compliance policies are inadequate,” claim the plaintiffs. “As a result of defendant’s non-compliance with the ADA, plaintiffs’ ability to access and use defendant’s facilities has been significantly impeded,” continue the plaintiffs in their Steak ‘n Shake class action lawsuit. “Though defendant has centralized policies regarding the management and operation of its facilities,” allege the plaintiffs, “defendant has never had an effective policy that is reasonably calculated to make its facilities fully accessible to and independently usable by individuals with mobility disabilities.”

“As individuals with mobility disabilities who are dependent upon wheelchairs,” the Steak ‘n Shake class action lawsuit continues, “plaintiffs have a keen interest in whether public accommodations have architectural barriers that impede full accessibility to those accommodations by individuals with mobility impairments.” The plaintiffs allege that they plan to revisit the Steak ‘n Shake restaurants that allegedly violate the ADA and explain, “so long as the numerous architectural barriers at defendant’s facilities continue to exist, plaintiffs will be deterred from returning to defendant’s facilities.”

The plaintiffs say in their class action lawsuit that they are seeking a permanent injunction from the court directing Steak ‘n Shake “to take all steps necessary to remove the architectural barriers” and “bring its facilities into full compliance with the requirements set forth in the ADA.”

The lead plaintiffs have brought several other ADA class action lawsuits in Pennsylvania federal court against restaurants and other businesses over steep parking spaces and other violations of the ADA.

Mielo and Heinzl are represented by R. Bruce Carlson, Benjamin J. Sweet and Stephanie Goldin of Carlson Lynch Ltd.

The Steak ‘n Shake ADA Class Action Lawsuit is Mielo, et al. v. Steak ‘n Shake Operations Inc., Case No. 2:15-cv-00180, in the U.S. District Court for the Western District of Pennsylvania.

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One thought on Steak ‘n Shake Hit with Class Action Over Steep Parking Spots

  1. Me says:

    Maybe your fatass shouldn’t go to steak n shake then anyway if you cant walk to it.

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