Gage and Wright Obtain Landmark Dismissal
In Victoria Gilkerson and Blind Ambitions Group, et. al. v. The Chasewood Bank, Cause No. 4:13-cv-00132, in the United States District Court for the Southern District of Texas, Houston Division, Buck Keenan lawyers Bill Gage and Andrew Wright secured a dismissal for Chasewood Bank (“Chasewood”) of class action claims brought under Title III of the Americans with Disabilities Act (“ADA”), Texas Human Resources Code, Texas Architectural Barrier Act, and Texas Government Code. The claims alleged deficiencies in Chasewood’s automatic teller machine (“ATM”) network related to speech output, input controls, numeric keypad, display screens, and Braille instructions. The lawsuit was one of hundreds of nearly identical lawsuits across the country, and approximately 50 in Texas, filed against banks operating ATMs since the new ADA guidelines that took effect March 15, 2012. The dismissal is the first in Texas or elsewhere known at this time that did not involve a settlement payment by the defendant financial institution.