Brevard woman with Tourette's sues Walmart over ban
A Palm Bay woman with Tourette's syndrome and her husband have sued Walmart seeking more than $2.2 million in damages, claiming she was barred from the Malabar Road store in violation of the Americans with Disabilities Act.
Tourette's syndrome is a disorder characterized by involuntary repetitive movements and "coprolalia," or inappropriate swearing, according to the National Institute of Neurological Disorders and Stroke.
Tina White — who has facial tics and profane outbursts — was shopping at the Malabar Road Walmart with two of her children in August 2011 when a manager and security officer ordered her to leave and not return, according to a circuit court complaint filed by her lawyer, Mark Tietig.
The employees also called a Palm Bay police officer, who issued a no-trespassing order, Tietig said.
"It's putting part of her hometown off-limits for her. And it's a place she's accustomed to frequent, and she has the right to frequent. They used to do this to people who had black skin, or who didn't speak English, or were Chinese (or of) Asian ancestry. Women were excluded from some places — and that's just been in my lifetime," Tietig said.
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"Most people understand that when they hear Ms. White have one of her verbal tics, that it is involuntary and it's a disability. They recognize it as Tourette's, and they just shrug it off like water off a duck's back," he said.
Tietig argues that Walmart acted with "callous disregard" of White's legal rights under the Americans with Disabilities Act.
The lawsuit, which was filed in mid-May, seeks $2 million in damages for White for emotional distress. Her husband of 29 years, Kevin, seeks $200,000 for "loss of consortium" with his wife. Moreover, Tietig said he will pursue additional punitive damages and attorney's fees during a jury trial, if the evidence supports it.
"Historically, perhaps the best way to get large corporations to change is to affect their pocketbooks. And that's usually done through civil rights litigation," Tietig said.
Merritt Island lawyers Kendall Rigdon and Kurt Alexander are defending Walmart in the case. In a court filing, they stated that store employees did not act improperly; did not physically or psychologically harm White; and had no prior knowledge of her Tourette's syndrome or medical condition.
"They basically denied every allegation," Tietig said.
Neither Rigdon nor Alexander could be reached for comment Thursday. Brevard County Circuit Judge George Turner is presiding over the case, and no hearings are scheduled on the court calendar.
Thursday afternoon, White and Tietig discussed their lawsuit with a FLORIDA TODAY reporter at his Merritt Island law office. White said she is a stay-at-home mom who gets teased and mocked because of her disorder. She held the hand of Shana Danel, Tietig's paralegal, for support throughout the interview.
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"I get stared at. Some people get to be very rude and very nasty. A lot of people will tell me to either remove myself or to leave. Sometimes, I'll get laughed at," White said.
"I get treated pretty bad. Pretty bad. It traumatizes me. I mean, it's just something that you can't ... it's very hard. It's difficult," she said, fighting back tears.
Nationwide, Tietig said he has found few similar civil rights cases involving Tourette's syndrome sufferers. White said she hopes her lawsuit raises awareness of the neurological disorder.
White declined to comment about getting banned from Walmart — "I don't like talking about that day."
She said she has lived a more secluded life since then, and she now depends on her children for grocery shopping.
"God didn't make everybody to be the same. You know, this is who I am. There's nothing I can do about it. It's genetic. It's hereditary. And it's something that I have to live with for the rest of my life. This is just me," she said.
Contact Neale at 321-242-3638, rneale@floridatoday.com or follow @RickNeale1 on Twitter