Magistrate Judge Leslie G. Foschio


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Defendant’s McKinley Mall was built before 1992. Brown defendant’s failure to remove architectural or structural barriers to access by the disabled violated the Americans with Disabilities Act (ADA). His Interrogatory No. 10 and related documents sought various financial information about defendant’s ability to absorb the $69,000 cost of removing the barriers. He also sought that defendant admit or deny that its property included designated parking spaces curb ramps, and sidewalks, with excessive slopes. Defendant claimed Brown’s requests overbroad, unduly burdensome, vague, and irrelevant. The court compelled answers to Brown’s interrogatory, related documentary requests, and his request for admission. Absent an affidavit from one with personal knowledge of the facts of an alleged undue burden arising from a discovery request, generalized assertions of that a discovery request is unduly burdensome will be overruled. Further, the ADA itself makes the financial circumstances of a property owner accused of discrimination based on a refusal to remove barriers to access to a public accommodation under the ADA a relevant factor to be considered on the question of whether a proposed barrier removal is readily achievable.