A lawsuit has been filed in the U.S. District Court for the Northern District of Illinois, highlighting significant accessibility issues at a local business. On December 5, 2024, David Weathington and Carrol Weathington initiated legal action against Steak’n Egger and Gold Rush Amusement, Inc., alleging violations of the Americans with Disabilities Act (ADA). The plaintiffs claim that the defendants have failed to provide accessible parking and compliant websites, thereby discriminating against individuals with disabilities.
The case revolves around the alleged non-compliance of Steak’n Egger’s premises located at 5601 W Roosevelt Rd, Cicero, IL. According to the complaint, despite being notified about these issues as early as July 2023 through complaints filed with the Illinois Department of Human Rights (IDHR), the defendants have not taken corrective measures. The plaintiffs assert that they encountered numerous barriers during their visit on August 23, 2024, including a lack of accessible parking spaces which significantly hindered their ability to access and enjoy the services offered by Steak’n Egger. Additionally, both defendants’ websites reportedly fail to meet Web Content Accessibility Guidelines (WCAG) 2.1 standards, further restricting access for individuals with disabilities.
David Weathington acts as a legal guardian for his wife Carrol Weathington who suffers from advanced dementia. Their lawsuit argues that both Steak’n Egger and Gold Rush Amusement have violated Title III of the ADA by not providing necessary accommodations such as accessible parking spaces and website features compatible with screen readers. The complaint also highlights that these failures persist despite substantial revenues generated by Steak’n Egger from its slot machines operated by Gold Rush Amusement—totaling over $50 million between 2020 and 2024.
The plaintiffs are seeking declaratory and injunctive relief from the court. They request an order mandating that the defendants make necessary modifications to ensure full compliance with ADA standards. This includes installing compliant accessible parking spaces and ensuring website accessibility. Furthermore, they seek joint liability for Gold Rush Amusements alongside Steak’n Egger due to their shared responsibility in maintaining ADA compliance on premises where their gaming machines are operated.
Representing themselves pro se in this matter are David Weathington and Carrol Weathington. The case is presided over by Judge John F. Kness with Magistrate Judge Jeffrey T. Gilbert assisting in proceedings under Case ID: 1:24-cv-12498.