Allegations of inadequate accessibility at a fast-food restaurant have led to a lawsuit claiming violations of both federal and state disability rights laws. The complaint was filed by Christopher Lucineo in the United States District Court for the Eastern District of Louisiana on April 15, 2026, naming Lina Musleh and David Damato as defendants.
According to the court filing, Christopher Lucineo is a resident of Jefferson Parish, Louisiana, who lives with paraplegia due to a spinal cord injury. He asserts that he is substantially impaired in major life activities such as walking and standing, requiring the use of a wheelchair for mobility. The complaint states that Lucineo visited the Popeyes Louisiana Kitchen located at 7100 Westbank Expressway in Marrero, Louisiana—approximately two miles from his home—and encountered several architectural barriers that limited his ability to access the business.
The lawsuit alleges that Lina Musleh owns the property where the Popeyes operates, while David Damato is responsible for operating the restaurant at that location. Both are described as individuals doing business in Jefferson Parish. The plaintiff claims that all events giving rise to this legal action occurred within Jefferson Parish.
Lucineo’s complaint cites Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. §12181 et seq., and provisions under the Louisiana Commission on Human Rights (LCHR), LA. REV. STAT. ANN. § 51:2231 et seq., as grounds for relief. He claims that during his most recent visit to the property in March 2026, he encountered multiple barriers which made it difficult or impossible for him to access goods and services offered at the restaurant.
The alleged barriers include: “the sole designated-accessible parking space and attendant access aisle is poorly marked as the paint is faded and poorly delineated;” “the sole curb ramp is improperly positioned within the access aisle;” “the sole curb ramp contains an impermissible change in level where it meets the parking lot;” “the sole curb ramp lacks edge protection;” “the Property does not contain enough designated-accessible parking spaces;” and “the landing in front of the entryway door to the Property is not flat.” According to Lucineo, these conditions violate both federal regulations under 28 C.F.R. § 36.302 et seq., as well as state law requirements.
The plaintiff further asserts that these barriers exclude him from programs, services, and activities available at the property, denying him equal opportunity compared to other members of the public. He states his intention to return to the property but expresses concern about encountering similar obstacles unless changes are made.
Lucineo argues that removal of these barriers would be “readily achievable” without imposing an undue burden on either defendant and would provide him with equal opportunity to participate in or benefit from goods and services at Popeyes. He also notes that he has retained legal counsel for this matter and seeks reimbursement for reasonable attorneys’ fees, costs, and expenses under both federal and state statutes.
In addition to seeking compensatory damages for injuries allegedly sustained due to discriminatory conduct by Musleh and Damato, Lucineo requests injunctive relief requiring alterations at the property so it becomes accessible as required by law. The prayer for relief asks for: “an Order directing DEFENDANTS to alter the Property,” an award of damages pursuant to LA. REV. STAT. ANN. § 51:2264, attorneys’ fees including expert fees if applicable, costs associated with bringing suit, declaratory relief confirming violations occurred under ADA and LCHR statutes, as well as any other appropriate remedies deemed necessary by the court.
The case was filed by attorney Andrew D. Bizer of The Bizer Law Firm L.L.C., representing Christopher Lucineo. The case identification number is 2:26-cv-00799-JTM-MBN.
Source: 226cv00799_Christopher_Lucineo_v_Lina_Musleh_Complaint_Eastern_District_of_Louisiana.pdf