Hard Rock denied her 'rock star' experience, lawsuit says

July 26--Hard Rock Casino Biloxi failed to extend its promised "live like a rock star" experience to Hope Elly of Alabama, who claims in a federal lawsuit that venues throughout the resort -- including the Hard Rock Cafe, Ben & Jerry's Ice Cream, Ruth's Chris Steak House and Starbucks -- violate the Americans with Disabilities Act.

The U.S. District Court lawsuit is the second Elly has recently filed against a Biloxi business, and her fifth in less than four months against a restaurant or entertainment venue. She also has sued three restaurants in Alabama.

The lawsuits detail alleged violations, down to the placement of toilet-paper holders. In short, though, Elly says she was denied the same "rock star experience" able-bodied guests have because she could not stay in a suite, sit at the bar, sit in a cabana or play all the games.

Elly says she has suffered several strokes and must travel with a mobility aid. She decided to visit the Hard Rock in June with her best friend, according to the lawsuit, but could not tell from the Hard Rock website what areas of the property are accessible to handicapped individuals.

The 65-page lawsuit enumerates all the ways the Hard Rock allegedly fails to comply with the Americans with Disabilities Act, from the casino to the hotel, shops, restaurants, arcade, fitness center and business center. For example, it says the fitness center fails to provide wheelchair-accessible exercise equipment like that available to able-bodied visitors and also lacks the required 30X40 inches of clear ground around its hand-sanitizer.

Elly was unable to chose from the same rooms as able-bodied individuals, the lawsuit says, because only some of the Hard Rock's rooms were handicapped accessible. She was unable to stay, for example, in a cabana suite or sky suite in the Platinum Tower.

Counters are too high for wheelchairs, including those at the Hard Rock Cafe Rock Shop, Starbucks, Ben & Jerrys, Ruth's Chris Steak House and the Hard Rock Cafe Bar.

A spokesman for the Hard Rock said the company does not comment on pending litigation.

The wording of the lawsuit, filed by the ADA Group of attorneys in Montgomery, Ala., mirrors language in other cases Elly has pending against the Half Shell Oyster House in Biloxi; Lucy Buffett's Lulu's and Sea-in-Suds restaurant, both in Gulf Shores; and Pelican Pub & Raw Bar on Dauphin Island.

For a small business, such lawsuits can be devastating, said Vickie Connolly, owner of Pelican Pub. She said that she and her husband thought about retiring when they found out about the lawsuit filed against their business, but she did not want employees out of work.

Pelican Pub is a small, waterfront restaurant with a bar upstairs. Connolly said the first-floor restaurant is handicapped-accessible, but not the bar upstairs. When a handicapped person wants a drink, it is delivered downstairs to them. She said about two people a week visit the business in wheelchairs.

"We've been in business 20 years," Connolly said, "and we've never had a complaint. Ever."

In her lawsuit against the Hard Rock, Elly asks a judge to find the casino resort in violation of the Americans with Disabilities Act, plus award her attorney's fees, court costs and other expenses.

Anita Lee: 228-896-2331, @calee99

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