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By Nick Morgan For the Tidings February 03. 2016 7:02PM Judge sides with OSF in lawsuit charging ADA violations A judge is recommending the federal court dismiss an Ashland man's civil rights lawsuit against the Oregon Shakespeare Festival on the grounds that he wasn't disabled when he filed the suit. According to documents filed Monday in Medford U.S. District Court, Magistrate Judge Mark D. Clarke recommended to district judges in Eugene that the court dismiss a suit filed in 2012 by Philip Lang of Ashland on grounds that his claims of disability contradict his medical record. "Statements in plaintiff's (Lang's) declaration flatly contradict his deposition testimony and medical records," Clarke wrote. Lang's attorney Thomas Dimitre said they plan to contest the recommendation. Lang declined to comment, referring all questions to his attorney. “We think he erred on his decision,” Dimitre said of the judge. Lang claimed in his complaint that OSF's alleged lack of compliance with the Americans with Disabilities Act in 11 areas on festival grounds — including steep slopes, lack of handrails and slippery and uneven surfaces — exacerbated his pain from congenital spinal deformities. Documents show Lang has diagnoses for maladies such as foraminal stenosis and a torqued pelvis. “The festival has no comment on the judge’s recommendation," OSF Associate Director of Communications Eddie Wallace wrote in an email. "We look forward to welcoming patrons back to our campus beginning Feb. 19, when they will see improved access into and within the Angus Bowmer Theatre, including a new elevator." Dimitre said that although OSF's two-year renovation project is a "good start," its renovations don't address everything. “They’re not going to be abiding by the law when they’re done with the renovations,” Dimitre said. Since July 2015, claims and counterclaims between Lang and OSF have centered around whether Lang qualifies as disabled under the ADA. "Plaintiff (Lang) was not limited by, or even experiencing, pain at the time he brought this suit," Clarke wrote.  Dimitre said that Lang's qualification for handicapped parking is a more rigorous definition of disability than what the ADA allows in court. “The judge seems to believe that if you don’t have pain all the time, you’re not disabled,” Dimitre said. “I think that’s a misinterpretation of the ADA.” Dimitre said that in the event the district judge sides with the magistrate, he and his client intend to take the case to the Ninth U.S. Circuit Court of Appeals. "I think it's a really, really important civil rights case," Dimitre said. Reach reporter Nick Morgan at 541-776-4471 or [email protected]. Follow him on Twitter at @MTCrimeBeat. http://www.dailytidings.com/article/20160203/NEWS/160209939 © 2016 Copyright © 1995-2011 Crain Communications Inc. All Rights Reserved. Terms of Use Privacy Statement -->