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Case 3:12-cv-05408-RBL Document 1

Filed 05/07/12 Page 1 of 10

1 2 3 4 5 6 7 8 9 10 11 12 13 I. JURISDICTION AND VENUE 14 15 16 17 18 19 20 21 22 23 24 25 giving rise to this claim first occurring in this district, and one or more of the Defendants transacting business and residing and/or maintaining facilities within this district. 1.2 Plaintiffs (WILLIAMS) commended this action within the applicable statutes of limitations. 1.1 This Court has jurisdiction over this matter pursuant to the Rehabilitation Act of 1973, Title II of the Americans with Disabilities Act, as well as questions over which this court has supplemental jurisdiction, including the negligent infliction of emotional distress, intentional infliction of emotional distress (outrage), and violation of the Washington Consumer Protection Act. 1.2 The court has personal jurisdiction over the Defendants in this matter, the events ) ) ) ) ) v. ) ) GREYHOUND LINES, INC., ) A Delaware Corporation, and RIMROCK ) STAGES, INC., a Montana Corporation, ) Defendants. ) MICHAEL and SHIRLEY WILLIAMS, Husband and wife, Plaintiffs, UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACMA Hon. ___________________

No. 12-cv-05408 COMPLAINT Jury Trial Requested

COMPLAINT FOR DAMAGES JURY TRIAL REQUESTED

Law Office of CHRIS BAWN 1700 Cooper Pt. Rd. SW A-3 Olympia, WA 98502

Case 3:12-cv-05408-RBL Document 1

Filed 05/07/12 Page 2 of 10

1 2 1.3 Venue lies with this Court because the Plaintiffs reside in the Western District, their 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 of a stroke, and he undertook the services of the Defendants for a fee in Olympia, Washington. 2.2 Shirley Williams, Plaintiffs wife, is a resident of Thurston County, Washington, and she undertook the services of the Defendants for a fee in Olympia, Washington. the claims took place in this district (the purchase and sale of transportation), the Plaintiff and at least one of the defendants reside in this district, and the other defendant has sufficient minimum contacts with the joint venture of GREYHOUND to sell transportation in this district such that it would be subject to personal jurisdiction. II. PARTIES 2.1 Mike Williams, Plaintiff, is a resident of Thurston County, Washington. At all times material to this complaint, he was disabled, and ambulated in a wheelchair, as a result financial transactions occurred and the incidents alleged in this Complaint commenced with transportation Defendant GREYHOUND provided within the Western District of Washington. 1.4 The acts which support the claims alleged occurred on a trip from Washington to Detroit, Michigan, with damages in controversy in excess of $75,000. Venue is proper pursuant to 28 U .S .C . 1391 because a substantial part of the events giving rise to

COMPLAINT FOR DAMAGES JURY TRIAL REQUESTED

Law Office of CHRIS BAWN 1700 Cooper Pt. Rd. SW A-3 Olympia, WA 98502

Case 3:12-cv-05408-RBL Document 1

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1 2 2.3 Greyhound Lines, Inc., (GREYHOUND) is a Delaware corporation with offices in 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3.2 GREYHOUND and RIMROCK are subject to and violated the Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq., (TITLE II) and the Rehabilitation Act in 1973, 29 U.S.C. 794, et seq., by selling public transport via over- the-road bus transportation ("OTRB"), by discriminating against the Plaintiff Mike Williams, a qualified individual with disabilities in ways that include but are not limited to: (1) failing to provide accessible vehicles; (2) failing to reserve buses with operating wheelchair lifts when 2.6 GREYHOUNDs registered agent for service of process in the State of Washington is C T CORPORATION SYSTEM, 1801 West Bay Drive NW, Suite 206, Olympia, WA 98502. III. CLAIMS a REHABILITATION ACT AND TITLE II of the Americans with Disabilities Act 3.1 All paragraphs in all sections are reiterated and expressly incorporated here by this reference. Washington and doing business in the State of Washington, offering rides to the public, including the Plaintiffs in May 2009, for a fee. 2.4 Rimrock Stages, Inc. (RIMROCK) is a Montana corporation, with joint-operation and fee-sharing agreements with Greyhound Lines, Inc. to convey Greyhound passengers handed off from Greyhound on segments controlled by Rimrock. 2.5 GREYHOUND and RIMROCK are recipients of federal funds and assistance.

COMPLAINT FOR DAMAGES JURY TRIAL REQUESTED

Law Office of CHRIS BAWN 1700 Cooper Pt. Rd. SW A-3 Olympia, WA 98502

Case 3:12-cv-05408-RBL Document 1

Filed 05/07/12 Page 4 of 10

1 2 asked; (3) failing to allow the Plaintiff (who uses a wheelchair) to get on and off the bus 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4) knocked over on the bus when the driver failed to secure Mike Williams wheelchair, allowed Williams to sit in a non-handicap seat and the driver drove unsafely, 5) ignored when Williams and his wife complained to Greyhound, and 6) forced through Defendants inaction to take alternate travel for the return trip. 3.4. Plaintiff Mike Williams was repeatedly subjected to profanity and blame for slowing down the GREYHOUND and RIMROCK drivers because of his disability. 3.3. As a result of Defendants' actions, the Plaintiff Mike Williams, who notified the Defendants when he purchased the ticket, that he was disabled and needed accessible transportation on his trip to start on May 5, 2009 and end on May 30, 2009, was subsequently forced to stay on the bus for long hours and 1) not allowed to get off the bus when non-disabled passengers were free to get off the bus; 2) forced to attempt to pee in a cup and to use the non-accessible bathroom on the bus, causing discomfort and humiliation, 3) reliant upon strangers to carry his body up and down the bus stairs, at stops; (4) failing to properly schedule accessibility along all segments of a trip; (5) failing to maintain wheelchair lifts in working order; (6) failing to employ drivers to remain courteous and respectful to Mike and Shirley Williams and instead becoming irate, yelling, humiliating and placing Mike Williams in fear; (7) failing to maintain adequate communications at all times concerning interline service for Williams, passengers with disabilities; and (8) failing to provide alternative transportation.

COMPLAINT FOR DAMAGES JURY TRIAL REQUESTED

Law Office of CHRIS BAWN 1700 Cooper Pt. Rd. SW A-3 Olympia, WA 98502

Case 3:12-cv-05408-RBL Document 1

Filed 05/07/12 Page 5 of 10

1 2 3.5 After submitting a complaint to GREYHOUND, and receiving no response, the 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 individuals for the same fee as non-disabled ticket-holders. 3.8 The Defendants pattern or practice results in direct adverse emotional and financial consequences to Plaintiff and other protected members, persons with disabilities. b. WASHINGTON CONSUMER PROTECTION ACT (RCW 19.86 et seq.) 3.9 All paragraphs in this complaint are incorporated by reference as if fully set forth herein. enjoined from taking such money from Washington residents until they provide sufficent proof to a judge or jury that the Defendants transportation is accessible to Washington residents who use wheelchairs. 3.7 The Defendants unlawfully engage in a discriminatory pattern or practice against disabled individuals by maintaining a policy of providing non-disabled individuals with services for a fee, but failing to ensure that the entire trip is accessible, denying the Plaintiff comparable services and public accommodation, and such services to other disabled Plaintiffs, Mike Williams and Shirley Williams, had to pay for alternate transportation to complete the return portion of their trip, rather than subject themselves to further apathy, public humiliation, profanity, and discriminatory actions by the Defendants. 3.6 In addition to suffering damages recognized by law, the Plaintiffs seek to ensure that GREYHOUND and its down-stream of joint venturers (Rimrock) who share in the bus charges to Plaintiff and other Washington Residents, including RIMROCK, are

COMPLAINT FOR DAMAGES JURY TRIAL REQUESTED

Law Office of CHRIS BAWN 1700 Cooper Pt. Rd. SW A-3 Olympia, WA 98502

Case 3:12-cv-05408-RBL Document 1

Filed 05/07/12 Page 6 of 10

1 2 3.10 The Defendant GREYHOUND and RIMROCK engaged in unfair and deceptive 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BREACH OF CONTRACT, and PROMISSORY ESTOPPEL 3.15 All paragraphs in this complaint are incorporated by reference as if fully set forth herein. 3.16 The Defendants entered into an enforceable promise or agreement with the Plaintiffs in May 2009, expressly assuring the Plaintiff that they would be provided handicapdiscrimination and in favor of public accommodation that contain specific legislative declarations of public interest impact. 3.13 The Defendants actions have injured other persons, have the capacity to injure other persons, and had the capacity to injure other persons. 3.14 The Plaintiffs were injured in their business or property by a violation of the Washington Consumer Protection Act. c. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (OUTRAGE) and acts and practices in the conduct of a trade or commerce in Washington against the Plaintiffs Mike and Shirley Williams. 3.11 The Defendant GREYHOUND and RIMROCK sold tickets to the Plaintiffs in Washington, with the express assurance that wheel-chair accessible transportation would be provided throughout their trip. 3.12 The Defendants commercial misconduct violates state and federal laws against

COMPLAINT FOR DAMAGES JURY TRIAL REQUESTED

Law Office of CHRIS BAWN 1700 Cooper Pt. Rd. SW A-3 Olympia, WA 98502

Case 3:12-cv-05408-RBL Document 1

Filed 05/07/12 Page 7 of 10

1 2 accessible transporation from Olympia, Washington to Detroit, Michigan, and back to 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3.21. The Plaintiff suffered severe emotional distress. 3.22. The Defendants breached specific promises of specific treatment to the Plaintiff, and the duty to maintain an environment free from discrimination, public humiliation, fear and pain and suffering. 3.23 The Defendants actions and failures to act as described herein, and as are reasonably related to the acts and failures to act as described herein, constitute using profanity, failing to secure Mike Williams, driving aggressively, refusing Williams access to a bathroom, asking Williams to pee in a cup, causing Williams to fall hard against his wife, Shirley Williams, and causing both to become so afraid of the Defendants that they eventually got off the bus, reported the problem, and elected to take alternate transportation. 3.20. The Defendants conduct and infliction of emotional distress was intentional or reckless. Olympia, Washington. 3.17 The Defendants breached the agreement, resulting in damages to the Plaintiffs. 3.18 The Defendants were aware of the Plaintiff Mike Williams serious medical condition, and the fact that the Plaintiff Mike Williams needed handicap-accessible transportation for himself in his wheelchair. 3.19. The Defendants engaged in extreme, callous and outrageous conduct in yelling,

COMPLAINT FOR DAMAGES JURY TRIAL REQUESTED

Law Office of CHRIS BAWN 1700 Cooper Pt. Rd. SW A-3 Olympia, WA 98502

Case 3:12-cv-05408-RBL Document 1

Filed 05/07/12 Page 8 of 10

1 2 discrimination, breach of contract, violation of the consumer protection act, and the 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 conducted themselves in a manner that created an unreasonable risk of emotional distress and harm. 3.30 The Defendants engaged in extreme and outrageous conduct toward the 3.27 Defendants allowed their personnel to impose unusually egregious and emotionally distressful treatment upon the Plaintiffs that should not be tolerated in civilized society. 3.28 As a common carrier, despite having the means and opportunity to stop it, the Defendants allowed their personnel to abuse persons held captive in Defendants vehicles, and caused them severe emotional distress. 3.29 The Defendants deliberately or through the failure of exercising reasonable care, intentional infliction of emotional distress. 3.24 The Plaitniffs suffered emotional distress. 3.25 Any non-discriminatory excuses the Defendants may give for the treatment of the Plaintiff Mike Williams are themselves being discriminatorily applied and are mere pretext. 3.26 Defendants actions interfered with the Plaintiffs enjoyment of life.

Plaintiffs. 3.31 The Defendants actions were intentional and reckless and inflected emotional

distress upon the Plaintiff.

COMPLAINT FOR DAMAGES JURY TRIAL REQUESTED

Law Office of CHRIS BAWN 1700 Cooper Pt. Rd. SW A-3 Olympia, WA 98502

Case 3:12-cv-05408-RBL Document 1

Filed 05/07/12 Page 9 of 10

1 2 V. DAMAGES 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A. All of the Plaintiffs aforesaid damages in an amount to be proven at a trial by jury, to be assessed jointly and severally against the Defendants; B. A declaration that the Defendants were guilty of violating the laws and policies stated herein; C. Liquidated, punitive, or exemplary damages as provided by contract, statute or recognized grounds in equity. 4.3 The Plaintiffs may be entitled to added and extraordinary damages as specified under the Americans with Disabilities Act, Rehabilitation Act, Consumer Protection Act, including but not limited to attorney fees, statutory damages, liquidated damages and declaratory and injunctive relief. Wherefore, the Plaintiffs pray that this Court assume jurisdiction of this cause, the Defendants be cited to appear, a trial by jury commence, and a judgment be entered against the Defendants for their unlawful conduct as follows: 4.1 The Plaintiffs realleges each and every allegation in the complaint, and as

follows: 4.2. As a direct and proximate result of the Defendants conduct, the Plaintiffs have

incurred substantial injury and damages of both a general and special nature, including but not limited to travel expenses, damage to reputation, medical expenses, pain and suffering, emotional distress and the fees and costs to bring the Defendants to justice.

COMPLAINT FOR DAMAGES JURY TRIAL REQUESTED

Law Office of CHRIS BAWN 1700 Cooper Pt. Rd. SW A-3 Olympia, WA 98502

Case 3:12-cv-05408-RBL Document 1

Filed 05/07/12 Page 10 of 10

1 2 D. Reasonable attorneys fees, costs, and interest as may be provided by 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 /s/ Christopher W. Bawn Christopher W. Bawn, WSBA #13417 Attorney for the Plaintiffs contract, statute, or recognized grounds in equity; E. Such other and further relief as the court deems just. RESPECTFULLY SUBMITTED May 7, 2012,

COMPLAINT FOR DAMAGES JURY TRIAL REQUESTED

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Law Office of CHRIS BAWN 1700 Cooper Pt. Rd. SW A-3 Olympia, WA 98502

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