Today, a federal lawsuit was filed in the United States District Court for the Western District of Michigan against Texas companies Spigel Properties, Inc. and S & S Shopping Centers, Ltd. on behalf of two-year-old Claire Dykstra of Wyoming and her parents, Andrew and Hiliary Dysktra. The Defendants own and manage Rogers Plaza Town Center in Wyoming. The Complaint alleges violations of the Americans with Disabilities Act of 1990 (ADA) and the Michigan Persons with Disabilities Civil Rights Act (PWDCRA).
Claire and her parents are represented by attorneys Scott A. Noto of The Britt Law Group PC and Theodore J. Westbrook of Westbrook Law PLLC.
The lawsuit stems from an incident in which Claire, who was born with a condition that causes delays in learning to walk, was practicing walking with her grandfather and physical therapist at Rogers Plaza. When she stopped to rest and sat on the floor, the property manager told her sitting on the floor was not allowed. After her grandfather explained her condition and her need to take rest breaks periodically, the manager ordered them to leave and not come back. The incident has been publicized by several local media outlets, including local Fox, ABC, and NBC affiliates. In the lawsuit, Claire’s parents allege violation of ADA and PWDCRA provisions that make it unlawful to discriminate against persons with disabilities in providing public accommodations.