Case: 1:25-cv-00395-MRB Doc #: 1 Filed: 06/13/25 Page: 1 of 8 PAGEID #: 1

IN THE UNITED STATES DISTRICT COURT

BRIAN WICKENSIMER, Case Number

v.

HAMILTON COUNTY BOARD OF COMMISSIONERS OFFICE

And

CINCINNATTI BENGALS
1 Paycor Stadium,
Cincinnati, Ohio 45202

And

ANSCHUTZ ENTERTAINMENT GROUP LIVE

Defendants,

COMPLAINT FOR RELIEF UNDER THE AMERICANS WITH DISABILITIES ACT

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INTRODUCTION

1. This is an action for declaratory, injunctive, and monetary relief arising from Defendants'

violations of Title III of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12181

et seq., and its implementing regulations.

2. Plaintiff, an individual with a mobility disability who uses a wheelchair, attended a

Taylor Swift concert at Paycor Stadium on June 30, 2024, where he encountered

numerous physical barriers, discriminatory policies, and inadequate accommodations that

denied him full and equal enjoyment of the facilities and services provided to non-

disabled patrons.

VENUE AND JURISDICTION

3. This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331 and 42 U.S.C. §

12188.

4. Venue is proper in the Southern District of Ohio pursuant to 28 U.S.C. § 1391(b), as all

of the events giving rise to these claims occurred in Cincinnati, Ohio, and two of the

Defendants are located within this judicial district.

PARTIES

5. Plaintiff Brian Adam Wickensimer is an adult resident of Highland County, Ohio. The

plaintiff has a physical impairment that substantially limits one or more major life

activities, specifically his ability to walk. He uses a wheelchair for mobility and is

therefore a qualified individual with a disability within the meaning of the ADA. The

plaintiff also has PTSD, which was triggered during the event described herein.

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6. Defendant Paycor Stadium is a place of public accommodation as defined by 42 U.S.C. §

12181(7)(C) as a "place of exhibition or entertainment" and § 12181(7)(J) as a "place of

exercise or recreation."

7. Defendant Hamilton County Commissioners leased Paycor Stadium to the Cincinnati

Bengals.

8. Defendant Cincinnati Bengals, Inc. is the operator of Paycor Stadium and hosts public

events at the facility.

9. Defendant AEG Live managed and operated the Taylor Swift concert held at Paycor

Stadium, as well as all of the other concerts on the so-called Eras Tour.

ALLEGATIONS OF FACT

10. On June 30, 2024, Plaintiff attended a Taylor Swift concert at Paycor Stadium for which

he had purchased VIP tickets.

11. Plaintiff arrived at Paycor Stadium at approximately 9:30 a.m. to secure a handicapped

accessible parking space. This was not the end of the violations of the Americans with

Disabilities Act that the Plaintiff encountered during his visit to Paycor Stadium.

12. Throughout his visit to Paycor Stadium, Plaintiff encountered numerous barriers to

accessibility and discriminatory treatment as detailed below.

CAUSES OF ACTION

PLAINTIFF WAS SUBJECT TO NUMEROUS VIOLATIONS OF THE AMERICANS

12. Plaintiff re-alleges and incorporates by reference the allegations contained in paragraphs

1 through 11 above.

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13. Title III of the ADA prohibits discrimination against individuals with disabilities in the

full and equal enjoyment of goods, services, facilities, privileges, advantages, or

accommodations by any place of public accommodation. 42 U.S.C. § 12182(a).

14. Defendants discriminated against Plaintiff in violation of the ADA in the following ways:

A. Parking and Exterior Access Violations

15. Defendants failed to provide an adequate number of accessible parking spaces in

violation of 28 C.F.R. § 36.304 and the 2010 ADA Standards for Accessible Design

("2010 Standards") § 208. Only one van-accessible parking space was available in the

entire Lot E, adjacent to Gate E of the parking lot, operated by the defendants near

Paycor Stadium.

16. Defendants failed to maintain accessible routes from the parking lot to the facility

entrance by allowing barricades and other obstacles to block the sidewalk adjacent to

accessible parking, forcing Plaintiff to travel a significantly longer route than non-

disabled patrons, in violation of 28 C.F.R. § 36.304 and 2010 Standards §§ 206.2.1 and

402.

17. Defendants failed to provide accessible portable toilets in the parking/waiting areas, in

violation of 28 C.F.R. § 36.304 and 2010 Standards § 213.2, which requires that where

portable toilet clusters be provided, at least 5% must be accessible.

B. Entrance and Path of Travel Violations

18. Defendants failed to provide a handicap accessible ramp to Gate E with the proper slope

and handrails, in violation of 28 C.F.R. § 36.304 and 2010 Standards §§ 405.2 and 405.8.

The ramp appeared to exceed the maximum 1:12 slope and completely lacked the

required handrails.

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19. Defendants failed to provide a designated wheelchair-accessible entrance gate, in

violation of 28 C.F.R. § 36.304 and 2010 Standards § 206.4, which requires that at least

60% of public entrances be accessible.

20. Defendants failed to provide proper directional signage indicating accessible routes,

entrances, and facilities in violation of 28 C.F.R. § 36.304 and 2010 Standards § 216.

C. Policies, Practices, and Procedures Violations

21. Defendants failed to properly train staff on accessible features and accommodations, in

violation of 28 C.F.R. § 36.302(c), which requires public accommodations to make

reasonable modifications in policies, practices, and procedures to accommodate

individuals with disabilities.

22. Multiple staff members provided incorrect information about accessible routes, elevators,

and facilities, demonstrating a failure to maintain policies and practices to accommodate

individuals with disabilities as required by 28 C.F.R. § 36.302.

23. Defendants failed to provide reasonable modifications when staff refused to assist with

inaccessible transaction kiosks, in violation of 28 C.F.R. § 36.302.

D. Service Counter and Food Service Violations

24. Defendants failed to provide accessible service counters at concession areas, in violation

of 28 C.F.R. § 36.304 and 2010 Standards § 904.4, which requires that at least one

counter be accessible to individuals who use wheelchairs.

25. Defendants' concession kiosks were all placed at heights inaccessible to wheelchair users,

in violation of 2010 Standards § 904.4.1, which requires a maximum height of thirty-six

inches above the floor.

E. Restroom Accessibility Violations

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26. Defendants failed to provide adequate accessible restroom facilities, in violation of 28

C.F.R. § 36.304 and 2010 Standards § 213:

a. The accessible stall in the men's restroom near Plaintiff's seating area was

out of order;

b. An ADA-compliant bathroom was marked "staff only" and unavailable to

patrons;

c. Staff directed Plaintiff to use the inaccessible restroom facilities on the

other levels.

27. Defendants failed to disperse accessible restrooms throughout the facility, in violation of

2010 Standards § 213.1, requiring Plaintiff to travel excessive distances to find an

accessible restroom.

F. Accessible Seating Violations

28. Defendants failed to properly maintain and enforce the use of designated accessible

seating areas, in violation of 28 C.F.R. § 36.302(f) and 2010 Standards § 221:

a. The ADA section contained no individuals using mobility devices, but

was

filled with non-disabled patrons;

b. Defendants failed to verify that individuals purchasing accessible seating

required such accommodations.

29. Defendants failed to provide companion seating adjacent to the wheelchair space for

Plaintiff's wife, in violation of 2010 Standards § 221.3.

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30. Defendants failed to ensure a line of sight comparable to that of other spectators when

patrons in front of the ADA section stood on seats, obstructing Plaintiff's view, in

violation of 2010 Standards § 802.2.

31. Defendants' staff refused to address the obstruction of Plaintiff's line of sight when

requested, in violation of 28 C.F.R. § 36.302.

32. The overcrowding and lack of proper management in the ADA section triggered

Plaintiff's PTSD, a condition that Defendants should have accommodated through

appropriate enforcement of designated accessible areas.

G. Emergency and Evacuation Procedures Violations

33. Defendants failed to provide adequate evacuation procedures for individuals with

disabilities, in violation of 28 C.F.R. § 36.302.

34. Defendants' staff provided inadequate directions for exiting the facility, telling Plaintiff to

"go around the stadium until you get to where you need to be" rather than directing him

to accessible routes.

JURY DEMAND

As a result, the plaintiff demands a jury trial of all claims contained in this complaint.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

A. Declare that the Defendants' facilities and services, as described herein,

violate Title III of the Americans with Disabilities Act;

B. Enter an injunction requiring Defendants to alter their facilities to make

them accessible to and usable by individuals with disabilities as required

by the ADA;

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C. Enter an injunction requiring Defendants to modify their policies,

practices, and procedures to prevent future discrimination against

individuals with disabilities;

D. Award Plaintiff's attorneys' fees, costs, and litigation expenses under 42

U.S.C. § 12205;

E. Award such other and further relief as the Court deems proper.

Respectfully submitted,

S/ Eric J Allen
___________________________
ERIC J ALLEN (0073384)
The Law Office of Eric J Allen, LTD
4200 Regent, Suite 200
Columbus, Ohio 43219
Tele No. 614.443.4840
Fax No. 614.573.2924
Email: [email protected]