Paralyzed Veteran Sues County, Bengals Over Alleged ADA Violations

A paralyzed veteran who described Taylor Swift's 2023 Eras Tour concert at Paycor Stadium in Cincinnati as a nightmare for fans with disabilities is now suing over the experience.

As reported by local ABC affiliate WCPO, the eight-page civil lawsuit was filed in federal court last week. It lists the Hamilton County Board of Commissioners, the Cincinnati Bengals and Anschutz Entertainment Group, which managed Swift's tour, as defendants.

The complaint alleges that 41-year-old Brian Wickensimer "encountered numerous physical barriers, discriminatory policies, and inadequate accommodations that denied him full and equal enjoyment of the facilities and services provided to non-disabled patrons."

Wickensimer has relied on a wheelchair for mobility for more than two decades. He detailed his frustrations with Paycor Stadium's policy on mobility devices for the concert. The policy read, "Wheelchairs/knee scooters are not permitted in the stadium unless you purchased ADA seats. We cannot store your chair during the concert. If you need your wheelchair to get to the gate, you can lock it to the bike racks on the concourse."

At the time of Swift's Cincinnati visit, Wickensimer's wife, Kristen, told WCPO she would have purchased ADA seats if they were available, but they weren't listed as an option even during the presale, she said. Meanwhile, a Paycor Stadium spokesperson said the stadium was completely ADA-compliant and had the necessary accommodations in place.

The Wickensimers said the ADA violations didn't end with the tickets. They described an inadequate number of accessible parking spaces, obstructed walkways, no designated wheelchair-accessible entrance gate, a main access ramp without handrails and concessions kiosks all placed at heights inaccessible to wheelchair users.

As reported by WCPO's Valerie Lyons, those allegations are laid out in Wickensimer's lawsuit, as is his claim that there was an inadequate number of available accessible restrooms.

"The accessible stall in the men's restroom near Plaintiff's seating area was out of order...an ADA-compliant bathroom was marked 'staff only' and unavailable to patrons ... staff directed Plaintiff to use the inaccessible restroom facilities on the other levels," the complaint reads, according to WCPO. "Defendants failed to disperse accessible restrooms throughout the facility, in violation of 2010 Standards 213.1, requiring Plaintiff to travel excessive distances to find an accessible restroom."

Wickensimer told WCPO last week that he did not want to take the matter to court. He spent the past two years working with an attorney to negotiate a settlement with the listed defendants, but he said his concerns fell on deaf ears.

"I was told that there are no ADA violations there, that there never have been, and that this is all bullcrap," he said.

“Hamilton County does not comment on ongoing litigation," said Bridget Doherty, spokesperson for Hamilton County Administration. "However, as a general statement, accessibility has been and remains a major priority for the Board. This priority is shown in the Board’s commitment to accessibility in our facilities across Hamilton County and in our broader community outreach efforts to highlight and expand accessible services for residents with disabilities." 

Though Wickensimer's lawsuit focuses on his experience at the 2023 concert, he said he's run into ADA hurdles at Paycor Stadium since then. He hopes the planned multimillion dollar renovations will address the issues he encountered, not only for his future benefit but for that of all people with disabilities.

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"I'm hopeful that we can get them to acknowledge that, yeah, they did violate my rights, and that they're working toward not doing that to other individuals in similar situations," Wickensimer said, as reported by WCPO.