A Lexington Taco Bell is violating federal disabilities act, KY man alleges in lawsuit
A man from Frankfort is suing a large restaurant ownership company, alleging the company does not properly maintain facilities for people with disabilities at specific Taco Bell locations, one of which is in Lexington, according to court documents.
Brian Spencer, a Frankfort man who frequents a Lexington Taco Bell, filed a class-action federal lawsuit Tuesday against Charter Foods Inc., a company based in Tennessee which owns at least 258 Taco Bell franchises.
Spencer alleged in his lawsuit that parking areas for people in wheelchairs at a few Taco Bell locations owned by the company are inaccessible due to excessive sloping in the spaces, and they must be modified.
According to court documents, Charter Foods owns Taco Bell locations in Kentucky, Georgia, Maine, Massachusetts, Michigan, New Hampshire, New York, Ohio, Pennsylvania, Tennessee and West Virginia.
Spencer visited the Taco Bell on Plaudit Place in Lexington in September 2021, according to the lawsuit. As someone who uses a wheelchair for mobility, he said he experienced unnecessary difficulty when getting in and out of his vehicle and moving around the facility. He needed extra care to avoid falling in the parking areas.
Charter Foods hadn’t filed a legal reply at the time of publication and didn’t have an attorney immediately listed in court records.
Investigators for Spencer visited the Taco Bell on Plaudit Place and found the slope for the accessible curb ramp exceeded 8.3%, according to court documents, which violates the disabilities act guidelines.
Spencer also had investigators visit other locations believed to be owned by Charter Foods and they found excessive sloping conditions in parking areas at five other Taco Bell locations, according to court documents.
Three are in Erie, Penn. and the others are Pittsburgh, Penn. and Benwood, W.Va., all of which had slopes more than 2.1% in the parking areas, which violates the Americans with Disabilities Act Accessibility Guidelines.
According to the lawsuit, Spencer visits Lexington to watch his son play football and to visit family members who live in the area. He hopes to continue going to the Plaudit Place Taco Bell but wants a federal court to order Charter Foods to “take all steps necessary to remove the architectural barriers” that keep the restaurant from being fully accessible to someone with disabilities.
Spencer has also asked for a court to grant him reasonable attorneys’ fees and payment for the cost of the lawsuit, according to court records.
This story was originally published April 13, 2022 at 1:11 PM.
