A recent court filing highlights significant accessibility issues at a Chicago shopping center, underscoring the ongoing challenges faced by individuals with disabilities. On July 9, 2024, Josh Chuboff filed a complaint in the United States District Court for the Northern District of Illinois against 3951 Kimball, LLC, alleging numerous violations of the Americans with Disabilities Act (ADA).
Chuboff's lawsuit claims that he encountered substantial barriers when attempting to access the shopping center and Jet's Pizza Restaurant located at 3951 North Kimball Avenue. As a wheelchair user, Chuboff asserts that these barriers significantly impeded his ability to patronize the establishments. The plaintiff alleges that despite attempts to resolve these issues prior to filing the complaint, no satisfactory resolution was reached.
The lawsuit details various ADA violations observed by Chuboff during his visits. These include the absence of designated accessible parking spaces and van-accessible parking spots, lack of access aisles serving parking spaces closest to entrances, and broken or unlevel pavement within purported accessible routes. Additionally, self-serve items like tableware and drink dispensers were positioned too high for wheelchair users to reach comfortably.
Chuboff also accuses 3951 Kimball, LLC of failing to maintain accessible features as required by ADA regulations. He argues that this neglect not only affects him but also other disabled individuals who might wish to access the property. "Defendant has a practice of failing to maintain the accessible elements at the Subject Facility," states Chuboff in his complaint.
The plaintiff seeks both declaratory and injunctive relief from the court. Specifically, he requests an order compelling 3951 Kimball, LLC to remove physical barriers and make necessary alterations to ensure full compliance with ADA standards. Furthermore, Chuboff asks for implementation of effective policies and procedures to maintain accessibility features continuously.
Representing Chuboff is attorney Ryan D. Johnson from Johnson Law Firm, LLC. The case has been assigned Case No. 1:24-cv-5740 in front of an unnamed judge in the Northern District of Illinois.