UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION

COMPLAINT

THE UNITED STATES OF AMERICA alleges the following:

Introduction

1. This action is brought by the United States to enforce Title III of the Americans with Disabilities Act of 1990, as amended (“ADA”), 42 U.S.C. §§ 12181-89, and its implementing regulation, 28 C.F.R. Part 36, against Defendant Kemper Moving Systems, Inc. a/k/a Kemp Moving d/b/a Two Men and a Truck (“Defendant” or “Kemper Moving”), located at 8215 Stephanie Drive, Huntsville, Alabama.  The discrimination underlying this lawsuit includes 1) denying, on the basis of disability, the opportunity of an individual to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of Kemper Moving; and 2) failing to afford an individual, on the basis of disability, with the opportunity to participate in or benefit from the services, facilities, privileges, advantages, or accommodations of Kemper Moving that is equal to that afforded to other individuals.
2. The Attorney General has commenced this action based on a determination that a person or group of persons has been discriminated against and that such discrimination raises an issue of general public importance.  42 U.S.C. § 12188(b)(1)(B).  The United States seeks declaratory and injunctive relief and compensatory damages against Defendant.

   Jurisdiction and Venue

3. This Court has jurisdiction over this action under 42 U.S.C. § 12188(b)(1)(B) and 28 U.S.C. §§ 1331 and 1345.  The Court may grant declaratory relief and further necessary or proper relief pursuant to 28 U.S.C. §§ 2201 and 2202 and may grant equitable relief, monetary damages, and a civil penalty pursuant to 42 U.S.C. §§ 12188(b)(2).
4. Venue is proper in the Northern District of Alabama pursuant to 28 U.S.C. § 1391(b)(1) because Defendant resides in this district.  Venue is further proper in the Northern District of Alabama pursuant to 28 U.S.C. § 1391(b)(2) because a substantial part of the events or omissions giving rise to the claim occurred in this district.

   Parties

5. Plaintiff is the United States of America.
6. Defendant is Kemper Moving Systems, Inc. a/k/a Kemp Moving d/b/a Two Men and a Truck (“Kemper Moving”), located at 8215 Stephanie Drive, Huntsville, Alabama 35802.  Kemper Moving primarily provides moving services in and around Huntsville, Alabama.
7. Defendant is a public accommodation within the meaning of 42 U.S.C. § 12181(7).

Facts

8. Complainant is a 46-year old Huntsville resident who hired Defendant to move her furniture and heavy items on September 15, 2012.
9. Complainant has Hepatitis-C, a physical impairment that substantially limits one or more major life activities, including the functions of the liver, a major bodily function.    Complainant also has two titanium rods in her back to support her spine and cannot bend, lift or carry more than 10 pounds.  As a result, Complainant is substantially limited in the major life activity of lifting.  Due to Complainant’s lifting restrictions and the fatigue secondary to the Hepatitis-C, her mother assisted with the move.  Complainant also hired an assistant to help her complete move-related tasks.
10. On September 15, 2012, Defendant sent two movers and a trainee to move Complainant.  After Complainant signed the moving contract, the movers began to load the moving truck.
11. While the movers were loading the truck, Complainant drove to her new residence to move some of her smaller items.
12. While Complainant was away, her assistant told one of the movers that the Complainant has Hepatitis-C.
13. After the movers informed their manager, Drew Vandiver, that Complainant has Hepatitis-C, Mr. Vandiver contacted Joe Hollingsworth, the incorporator and registered agent for Kemper Moving, and informed him that Complainant has Hepatitis-C.  Mr. Hollingsworth instructed Mr. Vandiver to advise the movers to deliver and unload the items that had been loaded onto the truck and to return without completing the rest of the move.
14. Mr. Vandiver called Complainant while she was moving items into her new residence and left an urgent message indicating that it was an “emergency” and “very important” for her to call him back.  He called her again as she was driving back to her residence.
15. Complainant spoke with Mr. Vandiver and attempted to explain that Hepatitis-C is not airborne and cannot be transmitted by moving furniture items.  Mr. Vandiver insisted that they could not complete her move due to her Hepatitis-C.
16. Complainant called her mother and told her, “Those men won’t move me.”
17. After this phone call, Complainant’s mother immediately went to her daughter’s apartment to speak with the movers and to explain about Hepatitis-C, how it is transmitted, and that they would not contract Hepatitis-C by moving Complainant’s furniture.
18. The movers were not receptive to Complainant’s mother’s information about Hepatitis-C and refused to complete Complainant’s move to her new apartment.
19. When Complainant arrived back at her residence, the move was incomplete and the movers were preparing to leave.
20. Complainant tried to explain and educate the movers about Hepatitis-C but the movers refused to re-enter her home. 
21. Because some items had already been moved onto the truck, Defendant agreed to transport those items to her mother’s house.
22. As a consequence of the movers’ refusal to complete the move based on her Hepatitis-C status, Complainant was unable to complete her scheduled move. 
23. Complainant had to extend her lease, pay rent for two apartments, locate last-minute replacement movers, and incurred various other expenses.
24. Complainant felt embarrassed and ashamed when she had to divulge her health status to the leasing office when she was unable to move out on September 15, 2012, as scheduled.
25. Complainant also experienced pain and suffering, including emotional distress, anxiety, inconvenience, anger, stigma, and humiliation.

CAUSE OF ACTION

Title III of the Americans with Disabilities Act

The allegations of Paragraphs 1 through 25 are hereby re-alleged and incorporated by reference as if fully stated herein.

Defendant discriminated against Complainant on the basis of disability in the full and equal enjoyment of its goods, services, facilities, privileges, advantages, or accommodations in violation of Title III of the ADA, 42 U.S.C. § 12182(a) and the Title III implementing regulation at 28 C.F.R. Part 36, by:

(a) denying, on the basis of disability, the opportunity of an individual or class of individuals to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of Kemper Moving, in violation of 42 U.S.C. § 12182(b)(1)(A)(i), and its implementing regulation, 28 C.F.R. § 36.202(a); and

(b) failing to afford an individual or class of individuals, on the basis of disability, with the opportunity to participate in or benefit from the services, facilities, privileges, advantages, or accommodations of Kemper Moving that is equal to that afforded to other individuals, in violation of 42 U.S.C. § 12182(b)(1)(A)(ii), and its implementing regulation, 28 C.F.R. § 36.202(b).

Prayer For Relief

WHEREFORE, the Plaintiff United States prays that the Court:

1. Grant judgment in favor of the United States and declare that Defendant violated Title III of the ADA, 42 U.S.C. §§ 12181-89, and its implementing regulation, 28 C.F.R. Part 36;
2. Enjoin Defendant, its officers, agents, employees, and all others in concert or participation with it, from engaging in discrimination against individuals with disabilities, and specifically from failing to comply with Title III of the ADA, 42 U.S.C. §§ 12181-89, and its implementing regulation, 28 C.F.R. Part 36;
3. Order Defendant to comply with the requirements of Title III of the ADA, 42 U.S.C. §§ 12181-89, and its implementing regulation, 28 C.F.R. Part 36;
4. Order Defendant to take such affirmative steps as may be necessary to restore, as nearly as practicable, Complainant to the position that she would have been in but for Defendant's conduct;
5. Award compensatory damages, including damages for pain, suffering, and emotional distress, to Complainant due to Defendant's actions, or failures to act, in violation of the ADA, for injuries suffered as the result of Defendant's violations of Title III of the ADA, 42 U.S.C. §§ 12181-12189, and its implementing regulation, 28 C.F.R. Part 36; and
6. Order such other appropriate relief as the interests of justice may require.

Respectfully submitted this 28th day of January, 2016.