THIS IS THE ORIGINAL COMPLAINT FILED AGAINST NORTH PARK AND ITS EMPLOYEES AND CONTRACTORS
August 11, 2008 Norris Stough
NOTICE OF TITLE III COMPLAINT UNDER THE
AMERICANS WITH DISABILTIES ACT
Certified Mail: August 12, 2008 – 7007 1490 0003 0392 9174
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights – NYAVE
Washington, D.C. 20530
Re: Complaint Against These Named Entities and Individual
- NorthPark Management Company
8080 North Central Expressway
Suite 1100
Dallas, Texas 75206
- Northpark Security Inc.
8687 North Central Expressway
Suite 1030
Dallas, Texas 75225
214-363-7441
- Donald Payton, Badge Number 242
Employee of Northpark Security
- Jack Boles Parking
P.O. Box 190326
Dallas, Texas 75219
- Neiman Marcus Stores
Corporate Offices
1618 Main Street
Dallas, Texas 75201
214-743-7600
- P.F. Chang’s China Bistro Inc.
7676 E. Pinnacle Peak Road
Scottsdale, Arizona 85255
Date of Discrimination: August 9, 2008, approximately 2 p.m.
Description of Action of discrimination:
On the above date at the above approximate time I arrived at NorthPark mall, at the entrance nearest to the restaurant P.F. Chang’s China Bistro, where I was to have lunch with friends proceeded by some shopping at Neiman Marcus..
On a previous visit to the mall, in the fall of 2007 I was unable to find a disabled parking space outside of those barricaded by the hired valet parking company. When I left the mall that day I complained to the valet parking company manager on duty and was told that their policy was to park cars in the valet parking area without charge for everyone disabled, whether or not a designated disabled parking space was available.
With that understanding, I pulled into the valet parking location nearest to my immediate destination, P.F. Chang’s, with my handicapped placard visibly displayed from my rearview mirror.
I explained to the valet attendants my understanding of their parking policy as explained to me earlier that fall. Despite this and my obvious disability they refused to park my car without a fee.
At this time, vehicles without handicapped plates or placards occupied all of the disabled parking spaces within the area barricaded by valet parking, presumably because valet parking was utilizing them for their services.
When I complained, the valet attendants instructed me to see the valet parking manager at the valet parking station in front of the entrance to the mall immediately adjacent to the main entrance of Neiman Marcus.
On August 6, 2008 I was able to make use of a disabled parking space nearest to Neiman Marcus’s main entrance facing Northwest highway because valet parking, while available, had not cordoned off the disabled parking spaces. On August 9, 2008 the situation was entirely different.
When I arrived at that valet station outside of the main entrance to Neiman Marcus facing Northwest Highway, I asked the manager if he was aware of the laws governing access for disabled persons. He said that he was not. I advised him that I was entitled to use, without charge, the disabled parking spaces occupied by vehicles without the required plates or placards being utilized by his company.
He refused to park the car or take action to make the disabled parking spaces available. I instructed him (in what I admit was a crude manner) to park the car anyway and I would pay. He again refused to valet park my car and went so far as to instruct his employee not to park my car.
At this same moment an employee of Northpark Security, Inc., Donald Payton, Badge #242 told me to move my vehicle and stop harassing the valet parking staff or he would have the Dallas Police Department there in five minutes to arrest me.
Because of this, I was forced to park my vehicle in a space not reserved for the disabled, and walk some six to seven hundred yards to my destination at P.F. Chang’s on a day when the temperature was 100 degrees.
At approximately 2:15 the manager of Northpark Security called me on my cell phone while I was dining at P.F. Chang’s to apologize for my treatment. He requested all the details related to my experience.
When I left the mall at approximately 4:15 p.m. all of the disabled parking spaces within the areas restricted by the signs and barricades erected by the valet parking service were empty, other than two vehicles with handicapped placards. This indicated to me the valet parking staff had received instructions to relocate those vehicles and to stop utilizing the spaces for valet parking.
However, and more importantly, that all the handicapped spaces were empty at a time when the parking lots at the mall were full to the brim otherwise, indicated to me that the public was fully under the impression the spaces were unavailable for anyone other than those utilizing valet parking.
I believe I have been discriminated against and my rights violated as follows:
- NorthPark Management Company, Northpark Security Inc., Neiman Marcus Stores and P.F. Chang’s China Bistro Inc. allow Jack Boles Parking to obstruct access to the disabled parking spaces at the mall or their facilities by installing impenetrable barriers and signage denying unrestricted access to disabled parking spaces.
- Northpark Management Company does not properly inform or instruct its contractors and/or employees in the application of the appropriate laws governing the access required by the ADA.
- Jack Boles Parking employees denied me and continue to deny to the public unrestricted access to the disabled parking spaces by barricading and signage indicating these spaces are reserved for valet parking only.
- Jack Boles Parking misled me and continues to mislead the public by indicating that parking in the disabled spaces requires a valet parking fee.
- Jack Boles Parking employees refused to park the car even though I had already indicated I would pay.
- Donald Payton, Badge 242, retaliated against me during the process of making a complaint under the provisions of ADA by threatening to have me arrested if I did not move my car on my own.
- Northpark Managaement Company, Neiman Marcus Stores, P.F. Chang’s China Bistro Inc. and Jack Boles Parking actively seek, demand, and receive compensation for the use of disabled parking spaces at the mall.
- Northpark Security Inc. and it’s employee, Donald Payton, Badge 242 failed to perform their duty to enforce the existing parking laws in the City of Dallas and those required by the ADA by not ticketing and/or towing, or otherwise making available, those spaces for handicapped persons like myself.
- Neiman Marcus restricts access to their facility by utilizing the valet parking service, Jack Boles Parking, and allowing them to obstruct the disabled parking spaces and refusing to park my car, despite my disability and despite my offer to pay.
- P.F. Chang’s Bistro Inc. restricts access to their facility by utilizing the valet parking service, Jack Boles Parking, and allowing them to obstruct the disabled parking spaces. In addition, by allowing Jack Boles Parking to refuse to park my vehicle, without a fee, in a disabled parking space outside their facility utilized by valet parking and occupied illegally by vehicles not bearing the required disabled plates or placards, despite my disability and despite my offer to pay.
This complaint does not relate to a small business with 25 or fewer employees or gross receipts of $1,000,000 or less, or a business with 10 or fewer employees and gross receipts of $500,00 or less.
The names of the individual(s) and entities are those as described above.
The facility is owned and operated by a private entity.
The nature of the facility is that of a shopping, dining and entertainment center.
The installation of impenetrable barriers and signage is in place at all entrances to the facility within 1,000 feet of those entrances and encompasses ALL of the designated handicapped parking spaces other than those located at secondary entrances to specific stores within the mall.
Suggestions for remedy:
- All valet parking signage be modified to indicate valet parking restrictions do not apply to disabled parking spaces.
- The impenetrable barricades preventing unrestricted access to disabled parking spaced are removed in favor of signage only.
- All Northpark Management, Northpark Security, Neiman Marcus Stores, P. F. Chang’s China Bistro Inc/ and Jack Boles Parking employees be required to undergo and complete training in the requirements of the Americans With Disabilities Act.
- NorthPark Management Company, Neiman Marcus Stores, and P.F. Chang’s China Bistro Inc. be required to employ members of the Dallas Police Department to enforce parking violations during all the hours of their operation.
- All signage, barricades erected, or put in place by the valet parking service(s) be placed so as not to encompass any of the designated disabled parking spaces.
- Mr. Donald Payton of Northpark Security Inc. is prosecuted as an individual for taking retaliatory action taken against me while making a complaint under the provisions of the American With Disabilities Act.
- That Northpark Management Company, Northpark Security Inc., Neiman Marcus Stores, P.F. Chang’s China Bistro Inc., Mr. Donald Payton and Jack Boles Parking pay to me the sum of $500,000 in lieu of my filing suit in U.S. District Court as allowed under the provisions of the ADA.
- That NorthPark Management Company, Northpark Security Inc., Neiman Marcus Stores and P.F. Chang’s China Bistro Inc. jointly and severally be required to place full page notices in the Dallas Morning News, over the period of 12 consecutive Wednesdays and Sundays advising the public of their new policies regarding accessibility to disabled parking. Such notices will invite those who feel they have been affected by the previous actions of NorthPark Mangement, Northpark Security, Neiman Marcus Stores, P.F. Chang’s China Bistro Inc, Jack Boles Parking and Donald Payton to write to the:
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Civil Rights Division
Disability Rights – NYAVE
Washington, D.C. 20530
in order to explain the type and manner in which they may have been discriminated against or otherwise affected by the previous discriminatory actions of NorthPark Management Company, Northpark Security, Neiman Marcus Stores, P.F. Chang’s China Bistro Inc., Jack Bole’s Parking or Mr. Donald Payton.
Because the practices described in this complaint existed in fall of 2007 and continue to this day, it is my opinion these complaints present a pattern and practice of discrimination. Because NorthPark Mall touts itself as the premier shopping location in the DFW area and because NorthPark Management Company subsidizes public transportation to and from the mall from the nearest DART light rail station on Park Lane the practices raise issues of general public importance. Therefore, I request that you bring action against the above named entities and individual in U.S. District Court.
I have not yet filed a related complaint with the U.S. Attorney’s Office or any other Federal, State or local agency or any court.
I will file such complaint(s) in the future as may be required by law or advised by counsel or as required by the lawsuit I intend to file against these entities and individual in U.S. District Court, in addition to filing this complaint with your agency
Nothing in this notice should be construed as restraining my rights to modify, amplify, or add to the charges made herein.
Thank you for providing an opportunity to express my unhappiness in a formal complaint with your agency about the activities of the above named entities and individual.
Sincerely,
Norris Stough
