In a striking case that highlights issues of disability rights and racial discrimination, a blind African-American veteran has filed a lawsuit against a major grocery chain and its security contractor. Earl Swain lodged the complaint in the United States District Court for the Northern District of Georgia on December 31, 2025, accusing The Kroger Co. and an undisclosed entity referred to as ABC Company of violating his civil rights.
The lawsuit stems from an incident on September 6, 2025, when Swain was allegedly expelled from a Kroger store in Brookhaven, Georgia. According to the complaint, Swain had completed his shopping and was waiting for mobility transportation due to his blindness when security guards ordered him to leave without cause. Despite informing them of his disability, he was told to relocate hundreds of feet away to another location within twenty minutes. This conduct, Swain argues, denied him full and equal access to the store in violation of Title III of the Americans with Disabilities Act (ADA) and discriminated against him based on race under Title II of the Civil Rights Act of 1964.
Swain’s legal team contends that this incident is not only a breach of federal law but also constitutes negligence and intentional infliction of emotional distress under Georgia state law. “Defendants knowingly exposed a blind, disabled patron to physical risk and public humiliation without justification,” reads part of the complaint. The lawsuit further alleges that Defendants’ actions interfered with Swain’s right to make and enforce contracts under 42 U.S.C. § 1981 by denying him the ability to safely wait for transportation at their premises.
The plaintiff seeks various forms of relief from the court: declaratory and injunctive relief mandating changes in Kroger’s policies towards disabled patrons; compensatory damages for emotional distress; punitive damages aimed at deterring similar future misconduct; as well as attorneys’ fees. Swain hopes these measures will not only address his grievances but also prevent such incidents from occurring again.
Representing Earl Swain are attorneys Vernon M. Strickland and Joy D. Bonner from Strickland Debrow LLP. The case has been assigned Case ID 1:25-cv-07474-WMR before Judge WMR in the Northern District Court of Georgia.
Source: 125cv7474_Earl_Swain_v_The_Kroger_Complaint_Northern_District_of_Georgia.pdf