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Wednesday, April 16, 2014

Man sues several businesses for alleged ADA violations

A man with disabilities has filed a lawsuit in federal court against two gas stations and the owners of 25 stores, seven poker arcades, and one bar, all located on Saipan, for allegedly having facilities that are not accessible to disabled persons.

William L. Tracy, through counsel Ramon K. Quichocho, is suing the defendants for disability discrimination in violation of Title III of the Americans with Disabilities Act.

Tracy is also suing Shafa Corp., owner of Bali Fashion, for negligence over injuries he allegedly suffered after tripping and falling at the store due to barriers that violate the ADA.

Tracy asked the U.S. District Court for the NMI to declare that the establishments owned and operated by the defendants are in violation of the ADA and its regulations.

He asked the court to direct the defendants to alter their facilities to make them accessible to and useable by those with disabilities.

He demanded unspecified damages, court costs, and attorney’s fees.

The two gas stations named in the lawsuit are AA Enterprises Inc. that owns the Mobil Sadog Tasi Service Station, and D&W Corp. that owns Shell Gualo Rai Service Station. The lone bar owner being sued is Donald Bufton, who operates Round II.

The stores named as defendants are CYC Corp. that owns CYC Kagman Market; Dong Rim Corp. that owns San Jose Downtown Market; Eagle Corp. that owns Garapan Market and Garapan Laundry; Han Nam Corp. that owns Han Nam Market; Huang Shun Corp. that owns U-Save Supermarket II; Jia Jia Corp. that owns New Grand Market; Jin Yi Corp. that owns New Chang Ming Market; KS Chang Corp. that owns I-Mart; Ling Lin Palacios who owns Ling Lin Store II; Martha’s Retail Shop Inc. that owns Martha’s Retail Store; Ming Yang Corp. that owns Ming Yang Market; Naina Enterprises Inc. that owns Roshi’s; New Ming Yang Corp. that owns New Ming Yang Market; Peace Asia Pacific Corp. that owns Brother’s Market; P&S Corp. that owns P&A Laundry; Saipan Entertainment Inc. that owns New Kagman Market; Soi-In Corp. that owns Cool Market; Sunleader Co. Ltd. that owns Sunleader Supermarket; Wan-Jia Corp. that owns New Top Store; Wan-Jia Corp. that owns Wan Fu Market; Young Hui Corp. that owns Yong Hui Market; Zeng’s American Corp. that owns Happy Market; Zheng’s Pacific Corp. that owns JJ Market; and ZV Corp. that owns Shun Fu Market.

The poker establishments being sued are CYP Corp. that owns Ace Poker; DKK Inc. that owns Dollars Poker; DKK Inc. that owns D.K. Poker; Huang Shun Corp. that owns U-Luck Poker; Jimin Enterprises that owns Grand Laundry & Poker; Jun’s Enterprises Inc. that owns Smile Poker and Smile Laundry; and P&S Inc. that owns 888 Fun & Game.

According to Quichocho, Tracy suffers from severe physical and mental impairments and has a very difficult time standing or walking without the use of a cane for mobility and balance.

Quichocho said Tracy is unable or has serious difficulties, due to his disability, to use commercial facilities that are not designed or constructed in compliance with accessibility standards to accommodate disabled persons who require a cane for mobility and balance.

Quichocho said that prior to filing the lawsuit, Tracy visited these establishments and was denied full, safe, and equal access to the properties due to the barriers to access and their lack of compliance with the ADA.

Among the violations cited are the lack of a designated parking slot for disabled persons, lack of grab bars at the side or rear of the toilet, and lack of adequate signage.

On Sept. 12, 2012, Quichocho said, Tracy went to Bali Fashion and, as he was exiting the establishment, he tripped over a cement barrier on the floor in front of the door, and fell to the ground and broke his bones.

“Tracy sought medical assistance for his injuries and he continues to suffer physical and mental pain from his injuries,” the lawyer added.

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