Ellis Jacobs is representing a group of individuals with disabilities and two organizations for people with disabilities, Advocates for Basic Legal Equality Inc., and Disability Rights Ohio. Jacobs said the location of the bus stop makes it difficult for some people to get to the mall.
“For people who have a hard time walking, or are in a wheelchair, 600 feet up a slight uphill grade is a real barrier to getting somewhere,” Jacobs said.
This news organization contacted WP Glimcher, the owner of the Dayton Mall, about to the lawsuit and the motion to dismiss. They declined an interview, citing ongoing court action.
“We do not comment on pending litigation,” said Karen Bailey, vice president of communication and marketing for WP Glimcher.
Attorneys for the Dayton Mall argue that the Americans with Disabilities Act does not obligate the mall to install bus stops, even if it is for people who are disabled, according to court documents.
Mark Theobald, 56, of Kettering said the bus stop makes him feel alienated because he has difficulties walking after a stroke.
“It takes away from the shopping experience,” Theobald said. “It feels like a barrier to entry.”
The lawsuit states the mall allowed buses to drop off shoppers at the mall entrances until it was moved in 2003. Dayton Mall representatives said moving the bus stop was not done to discriminate against shoppers.
In the motion to dismiss, Dayton Mall attorneys said: “Our clients are not unsympathetic to the shoppers and have taken other steps within the letter and spirit of the law to accommodate them, as well as mall employees with disabilities.”
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