Christina Adams v. The Grand Lodge of the English Language Jurisdiction of the Ancient and Mystical Order Rosae Crucis dba The Rosicrucian Egyptian Museum, The Supreme Grand Lodge of the Ancient and Mystical Order Rosae Crucis
Published: Sep. 30, 2006 | Result Date: May 9, 2006 | Filing Date: Jan. 1, 1900 |Case number: C0504292 Settlement – $67,686
Court
USDC Northern
Attorneys
Plaintiff
Paul L. Rein
(Rein & Clefton)
Defendant
James McManis
(McManis Faulkner)
William W. Faulkner
(McManis Faulkner APC)
Experts
Plaintiff
Karl Danz
(technical)
Jonathan Adler
(technical)
Defendant
Jurgen Dostert
(technical)
Facts
Plaintiff Christina Adams is disabled and requires the use of a wheel chair. She visited the Rosicrucian Egyptian Museum and adjacent planetarium with her husband and three children. There was no disabled entrance, so the plaintiff had to wait outside while her family entered the museum. Ten steps, with no ramps or elevator available, surround the entrance to the museum. Also, there were no accessible rest rooms outside the museum, and the plaintiff accidentally soiled herself while waiting for her family. She remained in this state for two hours, and many people passed by her after her accident. The plaintiff sued the Rosicrucian Egyptian Museum, and its owners and operators, the Supreme Grand Lodge of the Ancient and Mystical Order Rosae Crucis, for failing to comply with disability access laws and the Americans with Disabilities Act.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff claimed the museum was completely inaccessible to handicapped individuals. She pointed out the stairs at the entrance rendered her unable to enter. There also were no handicapped parking accommodations, and once within the museum, the interior paths of the museum were not wide enough to accommodate wheel chairs. Also the rest rooms were too small for wheel chairs and did not offer the proper bars and support.
DEFENDANTS' CONTENTIONS:
The defendants argued that they made no recent alterations to the museum, which would have triggered the requirement of ADA compliance. They claimed making the changes was cost prohibitive and would inconvenience patrons as it would require closing certain areas of the museum during construction.
Injuries
The plaintiff was unable to attend the museum with her family and forced to wait for two hours outside, where she did not have access to a rest room. The plaintiff suffered grave humiliation after she soiled herself and many people witnessed her in this state.
Result
The parties settled for $20,000, with no apportionment for specific damages. The plaintiff's counsel received $47,686 in fees and costs. The defendants also agreed to make their museum and planetarium handicapped-accessible by the end of 2009.
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