LA Fitness Noncompliance with Americans with Disabilities Act Class Action

Shawn Cheshire is a Paralympic athlete, and although she is blind she exercises often. But the complaint for this class action alleges that LA Fitness gyms do not provide the accessibility they’re supposed to under the Americans with Disabilities Act (ADA) Accessibility Guidelines, preventing her from navigating the gym and working out on her own.

The class for this action is all visually-impaired or blind persons who, because of their disability, cannot independently use one or more LA Fitness locations throughout the US without risking serious injury.

Plaintiff Cheshire lost her sight when she received a traumatic brain injury as a first responder. The ADA is designed to help people like her live independent lives and do what they need to do in “places of public accommodation”—in this case, the LA Fitness gym.

The legal name for LA Fitness is Fitness & Sports Clubs, LLC. The branch Cheshire uses is in Pompano Beach, Florida, but the gym has other locations in the US as well.

Cheshire’s first complaint is that she cannot move between exercise machines and other equipment at LA Fitness without risking bumping into or tripping over things. The complaint says she also cannot identify specific weights or machine types.

The ADA says that disabled individuals should not be “excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services…” These auxiliary aids or services can include the “acquisition or modification of equipment or devices” such as braille labels on weights or machinery.

Also, according to the complaint, the walkways between machinery should be treated as “accessible routes” or “circulation routes” which must contain warnings for the visually impaired. For example, tactile walking surfaces can guide users between machines and equipment.

Another problem is that the gym does not enforce its policy that weights must be re-racked by users, so that they are often hazardous obstacles for those who cannot see them.

Yet another problem is that the accessible restroom is kept locked, obliging Cheshire and others to go to the desk and ask for a key, a process not required for using the other restrooms.

All of these things make it difficult or hazardous for Cheshire to use the gym, the complaint says, and don’t allow her to use the facility like sighted people, which is a violation of the ADA.

Article Type: Lawsuit
Topic: Civil Rights

Most Recent Case Event

LA Fitness Noncompliance with Americans with Disabilities Act Complaint

August 15, 2018

Shawn Cheshire is a Paralympic athlete, and although she is blind she exercises often. But the complaint for this class action alleges that LA Fitness gyms do not provide the accessibility they’re supposed to under the Americans with Disabilities Act (ADA) Accessibility Guidelines, preventing her from navigating the gym and working out on her own. 

la_fitness_ada_complaint.pdf

Case Event History

LA Fitness Noncompliance with Americans with Disabilities Act Complaint

August 15, 2018

Shawn Cheshire is a Paralympic athlete, and although she is blind she exercises often. But the complaint for this class action alleges that LA Fitness gyms do not provide the accessibility they’re supposed to under the Americans with Disabilities Act (ADA) Accessibility Guidelines, preventing her from navigating the gym and working out on her own. 

la_fitness_ada_complaint.pdf
Tags: Americans with Disabilities Act, Civil Rights, Disability Discrimination