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Settlement reached in two casino discrimination suits

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ATLANTIC CITY - A disabled man who sued 10 casinos last year alleging they made their slot machines and gaming tables inaccessible to people in wheelchairs has reached a settlement with the Atlantic City Hilton Casino Resort and sister property Resorts Atlantic City.

C. Lee Dempsey, a New Jersey man, filed lawsuits in U.S. District Court in October claiming the casinos are fraught with "architectural barriers" in violation of the federal Americans with Disabilities Act and the New Jersey Law Against Discrimination.

Robert J. Mirel, Dempsey's New York lawyer, confirmed Monday that suits against the Hilton and Resorts were settled this month, but he said the terms are confidential. Kevin Smith, an attorney for the Hilton and Resorts, could not be reached for comment.

Dempsey has sued every Atlantic City gaming hall except for Borgata Hotel Casino & Spa. His litigation against the three Trump Entertainment Resorts Inc. casinos has been put on hold pending their Chapter 11 bankruptcy case. Suits against Bally's Atlantic City, Caesars Atlantic City, Harrah's Resort, Showboat Casino Hotel and Tropicana Casino and Resort are moving through the courts, Mirel said.

Mirel declined to disclose any information about Dempsey, including his hometown in New Jersey. He said Dempsey wants to remain anonymous.

Court papers say Dempsey has a "qualified disability" and uses a wheelchair for mobility. Dempsey claims he encountered numerous violations of federal and state disabilities laws when he visited the casinos, their restrooms, restaurants, bars, nightclubs and retail shops.

His suits contend that gaming tables, keno counters, ticket booths, cash registers and other places in the casinos are too high to reach for people in wheelchairs. Slot machines are blocked by fixed seats that make it impossible for wheelchairs to gain access, according to the litigation.

Dempsey is asking the court to order the casinos to fix their facilities "to make them accessible and usable by individuals with disabilities."

In addition to his litigation against the casinos, Dempsey has filed at least nine other federal lawsuits against restaurants and other businesses claiming violations of the Americans with Disabilities Act, court records show.

E-mail Donald Wittkowski:

DWittkowski@pressofac.com

/business

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