Case 3:15-cv-00103-PGS-TJB Document 1 Filed 01/07/15 Page 1 of 10 PageID: 1

RICHARD M. SCHALL, ESQUIRE

PATRICIA A. BARASCH, ESQUIRE)
SCHALL & BARASCH, LLC
MOORESTOWN OFFICE CENTER
110 MARTER AVE., SUITE 302
MOORESTOWN, NJ 08057
(8s6) et4-9200
ATTORNEYS FOR PLAINTIFF
JACQUELINE WINNER

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW JERSEY
TRENTON VICINAGE
JACQUELINE WINNER,
Plaintiff,

Civil Action No.

V.

SIX FLAGS ENTERTAINMENT

CORPORATION,
Defendant.

COMPLAINT AND DEMAND FOR JURY TRIAL

PRELIMINARY STATEMENT

1.

Plaintiff Jacqueline Winner is a disabled individual who was born with

only ann and one hand, the fingers of which are not completely formed. Despite that
disability, plaintiff has been able to enjoy an active and successful life and career,

working full-time as a paralegal, and participating in all sorts of hobbies and activities,
including one that she particularly loves

- riding roller coasters. On June 9,2014,

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plaintiff accompanied her daughter and classmates on a class trip to Six Flags Great
Adventure in Jackson, New Jersey. Once seated on the El Toro roller coaster ride

ride she had successfully ridden many times before, plaintiff was approached by one of
the ride's attendants and told that, on account of her disability, she had to get

roller coaster and would not be permitted to ride

it.

Plaintiff filed

off the

written grievance

with Six Flags Great Adventure, but never heard anything back. Plaintiff now brings
this action for injunctive relief and damages under the Americans with Disabilities Act
and the New Jersey Law Against Discrimination to remedy the arbitrary and

discriminatory conduct of defendant.

THE PARTIES

2.

Plaintiff Jacqueline Winner resides at 48 Fox Meadow Drive, Sicklerville,

New Jersey, 08081.

3.

Defendant Six Flags Entertainment Corporation is the world's largest

regional theme park company with

.1

billion in revenue and

18 parks across North

America. Among the theme parks it operates is Six Flags Great Adventure &safari Park,
located in Jackson, New Jersey.

JURISDICTION AND VENUE

4.

Because this case arises under Title

III of the Americans with Disabilities

Act, this Court has jurisdiction over the claims herein under 28 U.S.C. $ 1331, and
jurisdiction to grant injunctive relief under 42 U.S.C. g 12188. This Court has
supplemental jurisdiction over the state law claims under 28 U.S.C. $ 1367.

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FACTUAL ALLEGATIONS
Jaqueline Winner:

5.

As noted, plaintiff Jacqueline Winner was born with only one hand and

arm, with the fingers on her hand not being cornpletely formed. Despite that disability,
she has been able establish a successful career as a paralegal, doing all her own

typing

and word processing; raising afamlly; driving a car with no restrictions; and enjoying a

variety of recreational activities, including roller coaster riding.

6.

Over the years, plaintiff has safely ridden dozens of roller coasters at

various theme and amusement parks in New Jersey and throughout the country, including
the El Toro roller coaster at Six Flags Great Adventure in Jackson, New Jersey.

Until

the events of June 9 , 2014, defendant had never indicated any reason why plaintiff could
not ride the El Toro roller coaster, and it had uniformly allowed her to do so.

The El Toro Roller Coaster Ride:

7.

The El Toro Roller Coaster ride at Six Flags Great Adventure is advertised

by defendant as being one of the tallest, wooden-style roller coasters in the country.

8.
toro, there is

On defendant's website, www.sixflags.com/greatadventure/attractions/ela

prominent picture of riders on El Toro ride flinging their ans up in the air

as the ride descends its steepest descent.

9.

Numerous internet videos of riders on the El Toro ride likewise show

riders throughout the ride travelling with their arms raised up in the air.

10.

Defendant does not require any of the El Toro riders to keep either one or

both hands holding on to any part of the ride car into which they are seated and strapped.

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each

1.

Once a rider is seated on the El Toro ride, a safety restraint is lowered over

rider's upper legs and pelvis so as to keep the rider tightly affixed to his or her seat

on the ride.

12.

Riders on the El Toro ride are also fastened in with a seatbelt.

13.

Defendant permits any child 48 inches tall or taller to ride unaccompanied

on the El Toro ride, meaning that a young child who was 48 inches tall is permitted to

ride it without adult supervision.

14.

Defendant's ride attendants on the El Toro ride, and other roller coaster

rides at the park, are not trained in making assessments as to the ability

of

a disabled

individual to safely participate in the ride.

15.

Defendant has no system or procedure in place to allow disabled patrons

to obtain an individualized assessment of their ability to safely ride any of defendant's

rides..

16.

Defendant did not prominently post anywhere the restrictions it claimed

precluded disabled persons from riding on the El Toro ride.

17.

Six Flags Great Adventure during its peak season employs 4100 "team

members."

The Events ofJune 912014:

18.

On June 9,2014, plaintiff was visiting Six Flags Great Adventure as one

of the chaperones on her 5tlt-grade daughter's school trip to the Park. The students were
being honored because of their membership on the school's safety patrol.

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19.

On that day, along with her daughter and a number of her classmates,

plaintiff was permitted to take a seat on the El Toro roller coaster.

She attached her own

seat belt and the safety bar then came down and secured her in.

20.

Plaintiff

s legs are

fully formed

and

fully functional, and the El Toro

safety restraint can be placed over her legs and pelvis in the same manner, and to the
same effect, as

2I.

with any non-disabled individual.

As the ride was about to take off, a ride attendant approached plaintiff and

told her that she had to get off the ride because she did not meet defendant's safety
standard in that defendant required riders "to have two legs and a

fully functional arm

with three fingers."

22.

Plaintiff informed the ride attendant that her arrn was fully functional and

that her three fingers were fine, and that she had ridden El Toro many times before.

23.

Nonetheless, defendant's ride attendant insisted plaintiff leave her seat on

the ride.

24.

Before demanding that plaintiffleave her seat on the El Toro ride on June

9,2014, defendant made no "individualized assessment" of plaintifls ability to safely

ride the El Toro Ride.

25.

Plaintiff was made to exit the ride in front of her daughter, her classmates,

and hundreds of on-lookers.

26.

As a result of being forced to leave the ride under these circumstances,

plaintiff was greatly humiliated by her treatment.

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21.

Plaintiff then went to the "guest relations desk" at Six Flags Great

Adventure, where a guest relations clerk stated that a manager would be contacted in
order to speak with plaintiff.

28.
plaintiff

While plaintiff was waiting to speak with a manager, the clerk handed

a copy

29.

of defendant's "safety and Accessibility Guide."

Concurrently, plaintiff submitted a written incident report to the guest

relations clerk in which she detailed all the events of that day (June

9,2014). In addition

to reporting the events that occurred, plaintiff also provided her cell phone number, home
address, and personal and work email addresses in the report. The guest relations clerk
gave

plaintiff

a receipt

with the incident report number and told her she could obtain

copy of the report the next day by calling the park.

30.

Eventually, after a prolonged wait, one of defendant'

s managers

apologized to plaintiff and told her that she could ride the El Toro ride after all.

31.

Plaintiff declined that invitation, as the damage and embarrassment had

already occurred.

32.

The followingday, June 10, 2014, plaintiff attempted to call guest

relations to obtain a copy of the incident report she had filed on June 9, 2014. No
representative of defendant ever retumed her calls or provided her with the requested
copy of the incident report she had submitted.

33.

Also on June 10, 2074, plaintiff emailed defendant describing all the

events of the preceding day and again asking defendant to contact her to discuss the

incident.

She provided defendant

with her cell phone number, home address, and

personal and work email addresses.

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34.

Defendant has never given her the courtesy of any response.

35.

Plaintiff fears that if she were ever to attempt to ride the El Toro roller

coaster again, or other of defendant's roller coasters, she would be subjected to similar
treatment.

(Violation of Title

36.

III

COUNT ONE
of the Americans with Disabilities Actl

Plaintiff repeats and realleges the preceding palagraphs

as

if

set

forth

herein in their entirety.

37.

Plaintiff is a person with

"disability" within the meaningof 42 U.S. C.

12101(1)A) in that she was born with only one arTn, an impairment that substantially

limits one or more of her major life activities.

38.

Alternatively, defendant "regarded" plaintiff

as

having such impairment

and therefore regarded her as disabled.

39.

Defendant operates a public accommodation. Six Flags Great Adventure

is an amusement park

a business enterprise that

is expressly included in the definition

of "public accommodation" under the ADA.

40.

Defendant discriminated against plaintiff on account of her disability by

removing her from the El Toro ride given that her disability does not prevent her from
safely riding on that ride.

41.

Defendant discriminated against plaintiff on account of her disability in

that it permits non-disabled riders to ride on El Toro with their arms and hands raised in
the air while denying plaintiff access to the ride because she has only one arm and hand,

with fingers not fully formed.

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42.

Defendant further discriminated against plaintiff by not having policies,

procedures, and trained staff in place to properly evaluate disabled riders to determine

if

they can safely ride on its roller coasters and other high-speed rides.

COUNT TWO
(Violation of the New Jersev Law Asainst Discrimination)

43.

Plaintiff repeats and realleges the preceding paragraphs

as

if

set

forth

herein in their entirety.

44.

Plaintiff is a person with

"disability" within the meaning of the New

Jersey Law Against Discrimination in that she was born with only one arrn, an

impairment that substantially limits one or more of her major life activities.

45.

Alternatively, defendant "regarded" plaintiff

as

having such an

impairment and therefore regarded her as disabled.

46.

Defendant operates a public accommodation. Six Flags Great Adventure

is an amusement park

a business enterprise that

is expressly included in the definition

of "public accommodation" under the New Jersey Law Against Discrimination, N.J.S.A.
10:5-5.

47.

Defendant discriminated against plaintiff on account of her disability by

removing from the El Toro ride given that her disability does not prevent her from safely

riding on that ride.

48.

Defendant discriminated against plaintiff on account of her disability in

that it permits non-disabled riders to ride on El Toro with their arms and hands raised in
the air while denying plaintiff access to the ride because she has only one arm and hand,

with fingers not fully formed.

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49.

Defendant further discriminated against plaintiff by not having policies

and procedures and trained staff in place to properly evaluate disabled riders to determine

if they

can safely ride on its roller coasters and other high-speed rides.

50.
her disability,

51.

As a result of defendant's discrimination against plaintiff on account

of

plaintiff has suffered humiliation and emotional distress.

While plaintiff would like to resume riding the El Toro ride and other

roller coaster rides at Six Flags Great Adventure, she fears that, if she did so, she would
be subjected to the same humiliating treatment she experienced on June 9, 2014.

RELIEF REOUESTED
WHEREFORE, plaintiff demands judgment against the defendant and
requests the following relief:

a.

Injunctive relief against defendant requiring that it be required to (1)

permit plaintiff to ride on its El Toro ride; (2) modify its policies and
procedures for determining the rights of plaintiff and other disabled

individuals to participate on its rides; (3) establish an appropriate

procedure for the individualized assessment of disabled individuals for

determining access to its rides;

b.

Order that defendant compensate plaintiff for the emotional distress,

humiliation, and anguish she has suffered on account of defendant's

discrimination against her;

c.

Order that defendantpay punitive damages on account of its conduct

toward plaintiff;

d.

Award plaintiff her reasonable costs and attorneys' fees incumed in the

litigation of this matter, including an enhancement of those fees as

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pennitted under the law, and further including all time incurred in the
effort to resolved the matter pre-litigation; and

e.

Grant plaintiff such other relief as the Court deems just and proper.

SCHALL & BARASCH, L.L.C.

BY:

s/ Richard M. Schall
RICHARD M. SCHALL
PATRICIA A. BARASCH
Attorneys for Plaintiff

Dated: January 7,20T5

DEMAND FOR JURY TRIAL

Plaintiff demands

jury trial on all issues as permitted by law.

BY:

M. Schall
RICHARD M. SCHALL
PATRICIA A. BARASCH
Attorneys for Plaintiff
s/ Richard

Dated: January 7,2015

l0