Howard Cohan, a resident of Florida, has filed a lawsuit against 2231 Properties LLC, doing business as BP, alleging violations of the Americans with Disabilities Act (ADA). The complaint was lodged in the United States District Court for the Northern District of Illinois on October 31, 2024. Cohan claims that the defendant's premises in Downers Grove, Illinois, failed to provide necessary accommodations for individuals with disabilities.
The case centers around Cohan's visit to the property on April 10, 2024. During this visit, he encountered numerous barriers that prevented him from accessing and enjoying the facilities as an individual with severe physical disabilities. Cohan suffers from multiple permanent conditions including spinal stenosis and shoulder tears that significantly limit his mobility and cause severe pain. As a result of these conditions, he requires accessible parking and other amenities designed for disabled individuals. Despite his attempts to access the services at the BP location on Maple Avenue, he was met with obstacles that denied him full enjoyment of the premises.
Cohan’s complaint outlines specific ADA violations observed during his visit. These include improper signage for accessible restrooms, excessive door opening pressures exceeding ADA limits, improperly positioned soap dispensers and mirrors, inadequate grab bars in restrooms, incorrect toilet seat heights, and non-compliant pathways from handicap parking spaces. These issues collectively contributed to his inability to access services safely and equitably compared to able-bodied patrons.
As a self-identified "tester," Cohan frequently visits public accommodations to assess compliance with ADA standards. He argues that without court intervention compelling BP to make necessary modifications, these barriers will persist and continue to cause harm not only to him but also to others similarly situated. His legal action seeks declaratory and injunctive relief mandating BP to rectify these accessibility issues promptly.
In addition to seeking an order requiring BP to alter its premises for ADA compliance, Cohan is requesting compensation for attorneys' fees and related legal costs incurred due to this lawsuit. He emphasizes that until such changes are implemented, returning to the premises would be futile given the ongoing discrimination against disabled individuals.
Representing Howard Cohan is attorney Robert M. Kaplan from the Law Offices of Robert M. Kaplan P.C., based in Schaumburg, Illinois. The case is filed under Case ID: 1:24-cv-11276 in front of judges yet unnamed.