IN THE UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF NORTH CAROLINA

EASTERN DIVISION

William Joseph Barber II,

Plaintiff,
COMPLAINT
FOR DAMAGES

v.

American Multi-Cinema, Inc.

d/b/a AMC Theaters,

Defendant.
/

COMES NOW Plaintiff William Joseph Barber (hereinafter “Plaintiff, Rev.

Barber or Dr. Barber”), by and through the undersigned attorneys, and hereby files

this Complaint for Damages against American Multi-Cinema, Inc. (hereinafter

“Defendant or AMC”). The Plaintiff shows the following:

INTRODUCTION

Then Jesus said to his host, when you put on a luncheon or a banquet,
don't invite your friends, brothers, relatives, and rich neighbors. For
they will invite you back, and that will be your only reward,” he said
“Instead, invite the poor, the crippled, the lame, and the blind. Then
you will be blessed.

----- Luke 14:12.

Case 4:24-cv-00181-BO Document 1 Filed 12/19/24 Page 1 of 16

 On the day after Christmas, December 26, 2023, renowned civil rights

leader, Rev. Dr. William Barber planned a special moment with his then ninety-

year-old mother. Rev. Barber and his mother scheduled time to watch the newly

released film, The Color Purple,1 at an AMC Theater located in Greenville, North

Carolina. Rev. Barber was extremely grateful that he had an opportunity to spend

quality time with his elderly mother. Sadly, Rev. Barber was denied that special

moment with his mother.

Instead, Rev. Barber was humiliated. Rev. Barber was embarrassed. Rev.

Barber was defamed. Rev. Barber was accused of committing a crime. Rev.

Barber was subjected to this horrific injustice all because AMC employees refused

to allow Rev. Barber to bring a chair that he utilizes to cope with his pain and

debilitating disability, ankylosing spondylitis. The ability to use the chair with an

elevated seat base is vital. Due to his disability, Rev. Barber is unable to sit in

normal chairs or seating and needs this particular type of chair to alleviate his pain.

AMC required that he prove that he was disabled, with a doctor’s note, before they

would allow him to sit in their theater with his chair.

Rev. Barber now seeks federal relief under the American Disability Act

(hereinafter “ADA”), and other claims under North Carolina law.

1
The Color Purple is a 1982 epistolary novel by American author Alice Walker that won the 1983 Pulitzer Prize for
Fiction and the National Book Award for Fiction. The novel has been adapted into various other media, including
feature films in 1985 and 2023

Case 4:24-cv-00181-BO Document 1 Filed 12/19/24 Page 2 of 16

 JURISDICTION AND VENUE

1.

This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1343

over Plaintiff’s claims under Title III of the Americans with Disabilities Act of

1990 (42 U.S.C. 12181–12189).

2.

This Court has supplemental jurisdiction over Plaintiff’s state law claim

pursuant to 28 U.S.C. § 1367 because it is so related to the federal claims that it

forms part of the same case or controversy under Article III of the U.S. Constitution.

3.

This Court has personal jurisdiction over the Defendant pursuant to N.C.

Gen. Stat. § 1-75.4.

4.

Venue is proper in this District under 28 U.S.C. § 1391(b)(2). All of the

eventsgiving rise to this Complaint occurred within this District.

Case 4:24-cv-00181-BO Document 1 Filed 12/19/24 Page 3 of 16

 PARTIES

5.

At all times relevant hereto, Plaintiff William Joseph Barber, II is a citizen

of the United States of America.

6.

At all times relevant hereto, Defendant AMC Theaters is foreign corporation

doing business in the State of North Carolina. AMC Theaters headquarters is located

at 11500 Ash St. Leawood, MO 66211-7804. AMC Theaters’ registered agent is

Corporate Creations Network Inc. located at 15720 Brixham Hill Avenue

#300 Charlotte, NC 28277-4784.

FACTUAL ALLEGATIONS

Events That Occurred on December 26, 2023

7.

On Tuesday, December 26, 2023, Rev. Barber purchased six adult tickets

and one child ticket at Defendant AMC Theater’s “Fire Tower 12” located in

Greenville, NC for the 3:15 PM showing of The Color Purple.

8.

Prior to purchasing the tickets, Rev. Barber had his assistant call the AMC

Theater to ensure that they had a wheelchair designated area. It was confirmed by

Case 4:24-cv-00181-BO Document 1 Filed 12/19/24 Page 4 of 16

the AMC employees that they did have a wheelchair designated area inside the

theaters.

9.

Rev. Barber planned to enjoy the movie with his ninety-year-old mother and

others. Upon arrival at the theater, Rev. Barber’s ninety-year-old mother entered

Auditorium 3, that was showing The Color Purple and was seated near the front.

10.

However, due to Rev. Barber’s disability, ankylosing spondylitis, he walks

very slowly with two canes and was unable to keep pace with his ninety-year-old

mother. Rev. Barber suffers from a severe case of ankylosing spondylitis that is very

debilitating to his joints. Rev. Barber’s ankylosing spondylitis qualifies as a

disability under the ADA.

11.

Due to his very debilitating arthritic condition, Rev. Barber is unable to rotate

his hip bone that would allow him to sit in normal seats. A chair with a higher seat

base allows Rev. Barber the ability to lean and sit without having to rotate his hip

bone.

Case 4:24-cv-00181-BO Document 1 Filed 12/19/24 Page 5 of 16

 Photo of chair that Rev. Barber was going to sit in on December 26, 2023

13.

Prior to entering Auditorium 3, Rev. Barber and his associate who was

carrying his chair, were intercepted by an AMC employee/ manager who told him

that he could not bring his chair into the theater. Rev. Barber then explained that he

needed this particular chair due to his disability and that he had been allowed to bring

that chair into the White House, the Broadway Theater in New York, and the

Vatican.

Case 4:24-cv-00181-BO Document 1 Filed 12/19/24 Page 6 of 16

 14.

At some point, AMC employee/ manager demanding for Rev. Barber to show

proof that his has a disability by producing a doctor’s note. Notably, on the date in

question, Rev. Barber was walking with a noticeable limp and used two canes to aid

him in walking.

15.

Rev. Barber proceeded to Auditorium 3 and his chair was placed in the

wheelchair designated area in the auditorium. After placement, the chair nor Rev.

Barber seated in the chair in wheelchair designated area, obstructed any other

person’s view in the auditorium from seeing the entire screen or created any sort of

fire hazard. Notably, Rev. Barber’s chair’s length and width is considerably smaller

than a standard size wheelchair length and width. Further, Rev. Barber’s chair’s seat

height is comparable to wheelchairs with higher seat base.

16.

On the date in question, no other person in attendance complained to AMC

that the chair or Rev. Barber seated in the chair in wheelchair designated area,

obstructed their view in the auditorium from seeing the entire screen.

Case 4:24-cv-00181-BO Document 1 Filed 12/19/24 Page 7 of 16

 17.

Instead of reasonable accommodation Rev. Barber for his disability as

required by the ADA and NCPDPA, AMC employee/ manager called the 911 and

reported that Rev. Barber was committing a crime and refuse to leave the premises.

Notably, AMC through their employee failed to consider or investigate any

reasonable accommodation before calling 911 as required by the ADA.

18.

After law enforcement responding to the scene, Rev. Barber was told that he

had to leave the premises or be arrested. Rev. Barber was escorted out of the

Auditorium 3 by law enforcement in the presence of all spectators. Rev. Barber had

to leave his mother at the AMC theater.

19.

Just before exiting Auditorium 3, Rev. Barber tried to pray for the AMC

employee/ manager. The AMC employee/ manager told Rev. Barber “I do not let

everybody pray for me.”

20.

AMC’s intentional act of defaming Rev. Barber through their

employees/agents caused Rev. Barber severe emotional distress, including stress

and anxiety, humiliation, loss of enjoyment of life, and caused damage to Rev.

Barber’s reputation as a national civil rights leader.

Case 4:24-cv-00181-BO Document 1 Filed 12/19/24 Page 8 of 16

 21.

AMC’s intentional acts through their employees/agents caused Rev. Barber

severe emotional distress, including stress, anxiety, humiliation, and loss of

enjoyment of life extreme mental anguished.

CLAIMS FOR RELIEF

COUNT I

Title III of Americans with Disabilities Act, 42 U.S.C. §§ 12181-12189 Violation

of Title III of the ADA

22.

The allegations of paragraphs 1 through 21 are realleged and incorporated by

reference as if fully set forth herein.

23.

Defendant AMC is a place of public accommodation under 42 U.S.C. §§

12181(7)(J); 12182(a).

24.

At all times pertinent to this suit AMC employee/ manager were employed by

AMC.

Case 4:24-cv-00181-BO Document 1 Filed 12/19/24 Page 9 of 16

 25.

At all times pertinent to this suit, the acts and omissions of AMC employee/

manager, as detailed herein, were within the course and scope of their employment

with AMC.

26.

The described acts and omissions of AMC employee/ manager, as detailed

herein, are imputed to AMC.

27.

Rev. Barber was discriminated against because of a disability in the full and

equal enjoyment of the services, privileges, advantages, and accommodations of

AMC, a place of public accommodation, in violation of Title III of the ADA.

28.

Rev. Barber is disabled within the meaning of the ADA. Rev. Barber has been

diagnosed by board certified physician with ankylosing spondylitis.

29.

On the date of the incident, AMC did not have policy that prevented people

will disabilities from bring special chairs to AMC to sit in.

Case 4:24-cv-00181-BO Document 1 Filed 12/19/24 Page 10 of 16

 30.

AMC failed to take prompt or appropriate remedial action to investigate

whether there are reasonable accommodations that can be made for Rev. Barber

accordance to the Title III of Americans with Disabilities Act.

31.

AMC could have reasonable accommodated Rev. Barber without

fundamentally alter the nature of the goods, services, facilities, privileges,

advantages, or accommodations.

32.

AMC vviolated the ADA by requiring Rev. Barber to show proof of his

disability.

33.

As the direct and proximate result of the denial of reasonable accommodations

AMC, Rev. Barber have suffered and will continue to suffer harm.

34.

Rev. Barber is entitled to all legal and equitable remedies available for

violations of Title III. Rev. Barber seek a preliminary injunction restraining AMC

from denying him from bring in his chair at all AMC location and retaliating against

him for exercising his rights under the ADA.

Case 4:24-cv-00181-BO Document 1 Filed 12/19/24 Page 11 of 16

 COUNT II

Title V of Americans with Disabilities Act, 42 U.S.C. § 12203(a)

Retaliation against Rev. Barber in violation of the ADA

35.

The allegations of paragraphs 1 through 21 are realleged and incorporated by

reference as if fully set forth herein.

36.

Rev. Barber were retaliated against in his pursuit of a reasonable

accommodation by AMC in its decision to remove Rev. Barber from AMC, in

violation of Title V of the ADA.

37.

Rev. Barber engaged in protected activity when he requested that AMC to

allow him to bring in his chair because his is disable.

38.

In retaliation for Rev. Barber participation in this protected activity, AMC

decided to have Rev. Barber removed from their premises by law enforcement.

39.

There is a causal connection between Rev. Barber protected activity and the

materially adverse actions taken by AMC against him.

40.

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 There is no legitimate non-retaliatory reason for AMC to have taken their

retaliatory actions against Rev. Barber.

41.

Rev. Barber is entitled to all legal and equitable remedies available for

violations of Title V, and other appropriate relief.

42.

Rev. Barber seek a preliminary injunction restraining AMC from expelling

Rev. Barber and from retaliating against him and others for exercising their rights.

COUNT III

Intentional Infliction of Emotional Distress

43.

The allegations of paragraphs 1 through 21 are realleged and incorporated by

reference as if fully set forth herein.

44.

AMC extreme and outrageous conduct caused Rev. Barber severe emotional

distress, including stress, anxiety and loss of enjoyment of life.

45.

AMC’s conduct was recklessly indifferent to the likelihood it would cause

severe emotional distress to Rev. Barber.

Case 4:24-cv-00181-BO Document 1 Filed 12/19/24 Page 13 of 16

 46.
Rev. Barber seeks and is entitled to actual and compensatory damages for the

severe mental and emotional distress, that he experienced at AMC in excess of

$25,000.00.

COUNT IV

Defamation/Slander Per Se

47.

The allegations of paragraphs 1 through 21 are realleged and incorporated by

reference as if fully set forth herein.

48.

AMC ‘s defamatory statement(s) that Rev. Barber had committed a crime to

a third party caused Rev. Barber humiliation, embarrassment, damage to his

reputation and public distress.

49.

AMC’s conduct was recklessly indifferent to the likelihood it would cause

Rev. Barber.

46.
Rev. Barber seeks and is entitled to actual and compensatory damages for the

severe mental and emotional distress, that he experienced at AMC in excess of

$25,000.00.

Case 4:24-cv-00181-BO Document 1 Filed 12/19/24 Page 14 of 16

 PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray the Court:

(a) Award Plaintiffs compensatory damages to be determined by a jury,

plus demonstrated past and future pecuniary damages on each of the

above-stated counts as provided by law;

(b) Award Plaintiffs a preliminary injunction restraining AMC from

expelling Re. Barber and from retaliating against him for exercising

his rights under the ADA;

(d) Award attorneys’ fees and costs of this action as provided by law;

(e) The prejudgment interest of the damages, attorneys’ fees and costs of

this action be taxed to the Defendant, as of the date of the filing of

this Complaint; and

(e) Award Plaintiffs such other and further relief as may be appropriate.

JURY DEMAND

Plaintiff hereby demand a trial by jury with respect to each claim in this
Complaint.

Respectfully submitted this 19th day of December 2024.

/s/ Chantel Cherry-Lassiter

Chantel Cherry- Lassiter
NC Bar No. 54245
1851 W. Ehringhaus St. #136
Elizabeth City, NC 27909

Case 4:24-cv-00181-BO Document 1 Filed 12/19/24 Page 15 of 16

 Telephone: (678) 664-8529
[email protected]

/s/Harry M. Daniels
Harry M. Daniels
Georgia Bar No.: 234158
The Law Offices of Harry M. Daniels, LLC
4751 Best Rd. Suite 490
College Park, GA 30037
Tel. 678.664.8529
Fax. 800.867.5248
[email protected]
Special Appearance of counsel
for Plaintiff in the above captioned matter,
in accordance with Local Civil Rule 83.1(d)

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