Lawsuit: Pier Park not ADA compliant

Aug. 26--PANAMA CITY -- Two visitors with disabilities have filed a lawsuit against Pier Park claiming the shopping center inherently discriminates against people in wheelchairs because "architectural boundaries" do not allow for equal access and enjoyment of the facilities, according to court records.

The fix could amount to reconstruction or rearrangement of much of the properties on site.

Patrick Dunn and Hope Elly, both wheelchair-bound visitors from Alabama, filed the lawsuit in April against the developers of Pier Park and several businesses operating on the property. In it, Dunn and Elly allege that areas of Pier Park are in violation of the Americans with Disabilities Act (ADA) because they do not allow "equal access and use" by individuals with disabilities. The lawsuit calls on Pier Park and the business listed in the lawsuit to modify all of the construction and policies they claim are in violation of the ADA, court records stated.

In the 248-page lawsuit, attorneys for Dunn and Elly detail aspects of numerous businesses that allegedly violate ADA requirements. Those range from unstable entrance floor mats, to self-serve counter heights, to improper dressing room sizes, to insufficient floor spaces, to merchandise arrangements, to path obstructions, to improper rails in the disabled bathroom stalls and much more. All of which would have to be corrected if the court finds for the plaintiffs.

It's unclear what a project of that magnitude would cost. In total, 21 businesses were named as violators of the ADA, and many common paths, parking areas, seating and bathrooms are also claimed to be in violation. A bench trial in front of U.S. District Judge Robert Hinkle is scheduled for March 2019.

Four corporations are specifically named as parties to the lawsuit -- Ron Jon, Island T-Shirt Company, The Florida House Boutique and White Shores Marketing -- as well as Pier Park's developer, Simon Property Group in Plantation, Florida. Pier Park's attorney, Brian C. Blair of Orlando, did not immediately respond to a request for comment. He has, however, filed a motion to dismiss the lawsuit calling it a "bare bones, formulaic pleading" and arguing that neither Dunn nor Elly have actually suffered an injury, the motion reads.

"Plaintiffs' formulaic complaint uses overly broad and vague language as a catch-all in the hopes that their claims will stick, but still fails to meet the constitutional standing requirements," Blair wrote. "As a result, plaintiffs lack the standing necessary to pursue the relief requested."

Blair goes on to argue that because Dunn and Elly, both Alabama residents, live more than 100 miles away, the businesses within Pier Park are not "unique" retail or dining options for them and they do not have familial or business connections to the area. He also argues the lawsuit neither establishes a history of patronage to Pier Park nor lays definitive plans to return, the motion stated.

Hinkle denied that motion, though, stating that it was "curious" Pier Park would doubt its ability to draw customer from so far away. He wrote that at any rate the lawsuit had merit to go forward.

"It may or may not be true that these plaintiffs have regularly visited Pier Park in the past, encountering these alleged ADA violations, and are reasonably certain to do so again," Hinkle wrote. "This is not an issue that can be resolved on this motion to dismiss."

It's unclear when the allegations of the lawsuit originated. However, both Dunn and Elly claim to visit Panama City Beach at least once a year. During their visits, they go to Pier Park for the "open-air regional lifestyle shopping, providing unique retailers, tourist attractions and dining options." Both plan on returning but couldn't give definite dates because they "have not planned out every trip or shopping trip for the rest of" their lives, the lawsuit states.

But during their visits, Dunn and Elly have allegedly been denied full and equal enjoyment of Pier Park's premises because of the "architectural barriers" at the various businesses inside Pier Park.

"Plaintiffs' access was inhibited by each of the described architectural barriers detailed in this Complaint which remain at the establishment in violation of the ADA," the lawsuit states. "Because of the foregoing, Plaintiffs have suffered an injury-in-fact in precisely the manner and form that the ADA was enacted to guard against."

The business and areas named in the lawsuit are: 30A, RMG Toys, Andi's at the Pier, Candy Maker Candy Store, Carters/Oshkosh B'gosh, Sunglass World, Déj... vu, Marble Slab, Pink Narcissus, Pompano Joe's, Ron Jon Surf Shop, Runway Collection, Salt Life/Latitude 29, Schlotzsky's, Smoothie King, The Florida House, Unique Boutique and Amore Italian Ice. They included the bumper boats, super bungee area, the "Cubby Caboose Mini-Express" as well as common toilets, an area information booth, parking areas, lounge seating and seating tables in the common areas and paths of travel thourghout Pier Park, the lawsuit states.

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