CHICAGO (LN) — U.S. District Judge Manish S. Shah denied in part a motion to dismiss an Americans with Disabilities Act lawsuit against Senior Suites Chicago Midway Village and its parent company, Senior Lifestyle Corporation, ruling the facility is a public accommodation subject to federal disability protections.
The suit stems from an incident in February 2023, when plaintiffs Brenda Hale and Florence Jackson were trapped in an elevator for over an hour. Hale, who has been described as having bipolar manic disorder, suffered a severe panic attack and lost consciousness after calling for help three times. Jackson, who has an intellectual disability, was unable to operate the emergency call system once Hale became unconscious.
Shah rejected the defendants’ argument that the facility was a purely residential building exempt. The judge held that the complaint sufficiently alleged the facility provided "reliable care and accommodations" and specialized services for elderly and disabled residents, placing it within the statute’s definition of a public accommodation.
"The allegations are sufficient to allege that the defendants’ facility was a mixed-use facility that falls under the ADA," Shah wrote. "If, as facts are developed, defendants can show that their facility is only residential, they may renew their argument that the ADA does not apply to the facility."
The ruling preserves Jackson’s claims for failure to accommodate under the ADA, interference with housing rights under the Fair Housing Act, and negligence. However, Shah dismissed with prejudice Hale’s parallel ADA, Fair Housing Act, and negligence claims, finding they were barred by the two-year statute of limitations.
Shah also ruled that Jackson’s statute of limitations should be tolled due to her cognitive disabilities, allowing her time-barred claims to proceed. Conversely, the judge found no tolling applied to Hale, whose claims accrued on the date of the elevator incident in February 2023, more than two years was filed in July 2025.
The judge dismissed Jackson’s ADA retaliation claim with prejudice, ruling that seeking incident documentation to advocate for accommodations is not a statutorily protected activity. The court also dismissed the Illinois Consumer Fraud Act, breach of contract, and unjust enrichment claims without prejudice, citing pleading deficiencies.
Shah granted plaintiffs’ motion to file a sur-reply after defendants argued the response brief contained AI-generated language. The judge noted that while some language was not complaint, it was supported by the defendants’ own website content.
Jackson, 77, has intellectual disabilities and special cognitive needs, according to the complaint. Hale, 64, sought housing for herself and her sister that was "specifically designed to meet their unique needs."
Shah is a George W. Bush appointee.