On January 25, 2019 a federal court in San Francisco ruled on behalf of plaintiffs finding that the Americans with Disabilities Act of 1990 (“ADA”) applies to assisted living facilities operated by Brookdale Senior Living in California. The court also found that “Plaintiffs have sufficiently alleged a claim for discrimination based on the staffing at Brookdale facilities. Plaintiffs allege that those residents who are disabled are unable to receive the benefits of their residence—e.g., “assistance with bathing, dressing, brushing their teeth, toileting, incontinence care, and other hygiene assistance”—without sufficient staffing. Non-disabled residents do not require staffing to receive these benefits.”  See the court’s order here: Stiner v. Brookdale – Order on Motions to Compel Arb, Dismiss, Strike, 1-25-19-1

RBGG and co-counsel represent seven plaintiffs who have brought suit against the company, accusing Brookdale of financial abuse and widespread violations of the ADA.  Brookdale is the largest provider of assisted living for senior citizens and persons with disabilities in the U.S. and its stock trades on the New York Stock Exchange. There are more than 5,000 residents in Brookdale’s 89 assisted living facilities in California. This is believed to be the first class action lawsuit against an assisted living provider to be brought under the ADA.  See Elderly Residents File Second Amended Complaint Against Brookdale Senior Living.

Selected media coverage:

ADA applies to assisted living, judge says; Brookdale case continues, McKnight’s Senior Living, January 29, 2019