Vegas sandwich shop owner sued over Americans With Disabilities Act

Tuesday, July 25, 2000 | 11:31 a.m.

A Disability Rights Action Committee activist is seeking an injunction to force a local Subway sandwich shop to make its facilities accessible to the wheelchair-bound.

In a Clark County District Court lawsuit, Ronald Ray Smith sued Donna Curry Investments, the operator of a Subway shop at 241 South Third Street, alleging its facilities failed to meet the requirements of the Department of Justice Standards for Accessible Design and violated the Americans With Disabilities Act. Donna Curry owns about 10 of the 39 Subway franchisees in Las Vegas and Green Valley.

Smith, who said he frequently visits downtown Las Vegas and wants the "opportunity to participate in all activities available to the able-bodied members of the community," said the shop's three service counters, which he said are supposed to each have a maximum height of 36 inches, are allegedly between 47 and 48 inches above the ground.

Smith, who had filed lawsuits alleging ADA violations against Fremont Street Experience LLC and casinos, said the shop's work area isn't wheelchair-accessible because a person must step up about 10 inches to enter the work area and about 9 inches to enter the employee bathroom.

The defendant wasn't immediately available for comment.