In a compelling legal action that highlights the ongoing challenges faced by individuals with disabilities, a lawsuit has been filed against a retail business for alleged violations of the Americans with Disabilities Act (ADA). On September 27, 2024, George Brown and Charles Smith filed the complaint in the U.S. District Court for the Northern District of Illinois against Forman Mills Inc., citing numerous accessibility issues at their Chicago location.
The plaintiffs, George Brown and Charles Smith, both residents of Chicago, have brought this case forward after experiencing repeated barriers to access at Forman Mills' property located at 122 W 79th St. Brown, who suffers from end-stage renal disease and requires a cane for mobility, and Smith, a double amputee veteran reliant on a wheelchair, allege that their visits to the store were thwarted due to the lack of accessible parking spaces. The complaint outlines that on multiple occasions, including August 19, 2024, they were unable to shop because there was no accessible parking available. This prompted an ADA evaluation by Luke Holloway from ADA 360 on September 3, 2024, which confirmed several violations.
The lawsuit details specific infractions under the ADA Standards for Accessible Design. These include the absence of required accessible parking spaces and van-accessible spaces as per Section 208.2 and Section 208.2.4 respectively. Furthermore, it points out that there are no access aisles adjacent to parking spaces as mandated by Section 502.3. The condition of the parking lot itself is cited as being in disrepair—uneven and cracked—posing additional risks to those using mobility aids like wheelchairs or walkers.
Beyond ADA violations, the complaint accuses Forman Mills of operating without proper state and local business licenses—a breach of Illinois business regulations and City of Chicago ordinances—which could lead to significant legal repercussions. The plaintiffs argue that these failures not only contravene legal standards but also endanger individuals with disabilities by creating hazardous conditions.
Brown and Smith are seeking declaratory relief from the court to affirm these violations alongside injunctive relief mandating compliance with ADA standards at Forman Mills’ premises. They request modifications such as installing designated accessible parking spaces with appropriate signage and repaving the parking lot to meet stability requirements. Additionally, they seek attorney fees and any other relief deemed just by the court.
Representing themselves pro se in this case are George Brown and Charles Smith. The presiding judge is Joan H. Lefkow with Magistrate Judge Jeffrey T. Gilbert assisting in proceedings under Case ID: 1:24-cv-09103.