![]() ![]() Olkus”) is a member of S&B Restaurant Group, LLC and considers himself the self-employed owner of the Saint. 2 All findings of fact are made by a preponderance of the evidence. 31 ¶¶ 3-4.) S&B Restaurant Group, LLC owns, operates, and maintains the Saint. at 6-7, 22.) Saint Lazarus Bar is a tradename used by S&B Restaurant Group, LLC, which has not been named as a party in this case. (Id.) Defendant Saint Lazarus Bar (“the Saint” or “the Bar”) is a small corner bar located in Plaintiff’s neighborhood at 102 West Girard Avenue in Philadelphia, Pennsylvania. Hugo”), is an employee of Liberty Resources, Inc., a Center for Independent Living that was established after the passage of the Rehabilitation Act in 1973. Plaintiff’s disability advocate, Morgan Hugo (“Ms. The Parties Plaintiff is an adult individual who, because of her disabilities, is confined to a motorized wheelchair. Tony Andraos, M.S.1 The Court now makes the following findings of fact and conclusions of law. Sabel’s disability advocate, Morgan Hugo, Defendant Brendan Olkus, and Defendants’ structural engineering expert, Mr. At the trial, the Court heard testimony from Ms. (Id.) After affording the parties months to obtain fact discovery, and after multiple attempts between the parties to mediate this dispute, the Court held a bench trial on January 30, 2019. Sabel is a “serial filer” who initiated this lawsuit in violation of Rule 11 because the claims are frivolous and meritless. 8.) Defendants also asserted in the Answer a counterclaim against Plaintiff 1 for violation Federal Rule of Civil Procedure 11, which covers a party’s representations to the Court. (Id.) On October 16, 2017, Defendants filed an Answer in which they denied liability under Title III of the ADA, claiming that the Saint’s use of a modular ramp satisfies their obligations under the ADA. 3.) Plaintiff claims the Saint unlawfully discriminates against individuals with disabilities by not having a permanent ramp at the main entrance to provide wheelchair access. Green, and Brendan Olkus (collectively, “Defendants”), alleging violations of Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. On June 26, 2017, Plaintiff initiated this case pro se by filing a Complaint against Defendants Saint Lazarus Bar, JJG Enterprises Incorporated, Janay M. ![]() Plaintiff left the Bar, unaware at the time that the Saint provided wheelchair access by way of a portable ramp. Plaintiff, who is a wheelchair user, attempted to eat at the Saint but was unable to enter the Bar because of a step at the front door. Sabel”) unsuccessful attempt to gain entry to the Saint Lazarus Bar (the “Saint” or the “Bar”) on April 5, 2017. JINTRODUCTION This disability discrimination case arises from Plaintiff Eileen A. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA EILEEN SABEL, Plaintiff, CIVIL ACTION NO. ![]()
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