Local Gymnasium and Landlord Agree to Settle Allegations that They Violated the Americans with Disabilities Act

NASHVILLE - United States Attorney Henry C. Leventis for the Middle District of Tennessee announced today that the United States has reached agreements with Ryan Stemper; Whole Strength CrossFit Smyrna a/k/a Inner Strength, LLC; Mark Gellner; and MCMM Properties, LLC to settle allegations that a Smyrna CrossFit gymnasium violated Title III of the Americans with Disabilities Act ("ADA") by failing to remove architectural barriers to accessibility for individuals with disabilities patronizing the gymnasium. As part of the settlements, the parties have agreed to cease using the building as a place of public accommodation. Ryan Stemper and Whole Strength CrossFit Smyrna will pay $10,000 to the complainant who brought this issue to the United States' attention and will pay a $5,000 civil penalty to the United States. MCMM Properties, LLC and Mark Gellner will pay a $2,000 civil penalty to the United States. Combined, the payments under the settlements will total $17,000.

"We are committed to enforcing the rights of persons with disabilities in Tennessee," said United States Attorney Henry C. Leventis. "Gyms are classic places of public accommodation, and the ADA applies no matter the size of the gym. Landlords and tenants must be aware of their joint responsibilities under the ADA to remove architectural barriers to accessibility."

The United States alleged that the gymnasium business, Whole Strength CrossFit Smyrna a/k/a Inner Strength, LLC and its owner, Ryan Stemper, had been aware that the building the business occupied did not have accessible restrooms or an accessible door and failed to remove barriers to accessibility. The complainant alleged that the business had been aware of these issues but failed to act. In addition, the allegations were that the landlord and owner of the building, Mark Gellner and MCMM, LLC, also were aware of the building's issues and did not remove barriers to accessibility. The ADA applies to both landlord and tenants, though the responsibility for complying with the ADA may be allocated by lease or other contract. 28 C.F.R. § 36.201.

The civil claims settled by this Settlement Agreement are allegations only, and there has been no determination of liability.

The ADA was passed on July 26, 1990, 34 years ago last week. The Act reaffirmed our nation's commitment to ensuring that people with disabilities have the right to live, work, and fully participate in the community alongside their fellow citizens. Despite the passage of more than three decades, there are still allegations of continued violations of the ADA and denial of rights of persons with disabilities occurring in the United States and in Middle Tennessee.

Assistant U.S. Attorney Mike Tackeff investigated the complaint and negotiated the Settlement Agreement.

For more information on the ADA and to access these publications, visit www.ada.gov or call the Justice Department's toll-free ADA information Line at 800-514-0301 or 800-514-0383 (TDD). ADA complaints may be filed by email to [email protected].

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