Town of Cicero Denies Allegations of Discrimination In ADA Lawsuit
By Ankur Singh
The Town of Cicero has denied allegations brought forth in a federal lawsuit that the parking on Cermak road between South Lombard and South Laramie is inaccessible to wheelchair users.
The lawsuit, which was filed in January by a wheelchair user named Laura Gonzales who frequents stores on Cermak, claims that the Town of Cicero did not follow its obligations under the Americans With Disabilities Act (ADA).
The complaint claims that the Town’s, “failure to provide or maintain compliant ADA accessible parking on or around the Property hinders Ms. Gonzales’ ability to access the services and utilize the programs offered in Cermak Road Business District.”
A Town of Cicero spokesperson would not comment on an active court case.
At the request of Gonzales’ attorney, Emily A. Westiemier, an accessibility specialist documented several mobility barriers on Cermak road.According to court documents, the specialist found that only three of the 13 accessible parking spaces have access aisles, which is a designated space to allow room for maneuvering a wheelchair that should be located immediately adjacent to a parking space. The specialist also found that there is no easy route from a parking space to a sidewalk, and there are no accessible curb ramps for the majority of parking spaces.
In their response to the complaint the Town of Cicero denies that any such barriers exist.
Cicero Independiente verified independently that the parking spaces on Cermak road between South Lombard and South Laramie lack access aisles and ramps to the sidewalk, despite the Town’s claims to the contrary.
The lawsuit also claims that Westiemier sent President Larry Dominick a letter in October 2018 detailing the accessibility barriers on Cermak road.
In their response the Town of Cicero acknowledged that President Dominick received a letter by Westiemier but denies that the letter included details on the barriers that make parking on Cermak inaccessible and Gonzales’ request for accommodations.
A parking space on Cermak Rd that lacks access aisles and curb ramps.
The letter from Gonzales’ attorney to President Larry Dominick that outlines mobility barriers at parking spaces on Cermak Rd.
However, the letter, which was obtained by Cicero Independiente through a Freedom of Information Act request, does outline mobility barriers and includes a request for accommodation.
According to the complaint the Town responded to the letter saying that Cermak road would be resurfaced in the summer of 2019 and that the resurfaced parking spaces would be in compliance with the ADA.
The Town of Cicero denies that it suggested the resurfaced parking spaces would comply with the ADA and did not provide Cicero Independiente with its letter when requested.
By the end of summer 2019 Cermak road was indeed resurfaced, but Gonzales claims the parking spaces were still not compliant with the ADA.
Court documents state, “Defendants [Town of Cicero and President Larry Dominick] had knowledge of Ms. Gonzales’ disability, limitations, and need for accommodations, but chose not to accommodate her needs. This constitutes ‘intentional discrimination.’”
The Town of Cicero denies the allegation.
