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NORTHERN CALIFORNIA RECORD

Friday, April 19, 2024

Disabled patron alleges Fresno restaurants have barriers that restricted access

Wheelchair 06

SACRAMENTO – A physically disabled individual alleges two Fresno restaurants have architectural barriers that restricted her access to facilities at the properties.

Rachel Bryant filed a complaint on Dec. 15 in the U.S. District Court for the Eastern District of California against SWH Mimi's Cafe LLC, doing business as Mimi's Cafe No. 44, and River Park Properties II alleging violation of the Americans with Disabilities Act.

According to the complaint, the plaintiff alleges that she visited the defendants' facilities in Fresno for the purpose of having breakfast and lunch in August and September. During her visits, plaintiff claims she encountered barriers that interfered with the ability to use and enjoy the goods, services, privileges and accommodations offered at the facilities. 

The plaintiff holds SWH Mimi's Cafe LLC and River Park Properties II responsible because the defendants allegedly failed to make goods, services, facilities or accommodations available to physically disabled individuals and failed to comply with the 1991 ADA Accessibility Guidelines or the 2010 ADA Standards for Accessible Design.

The plaintiff seeks injunctive and preventive relief, award of statutory minimum damages, attorneys' fees, litigation expenses, costs of suit and for such other and further relief as the court deems proper. She is represented by Zachary M. Best of Mission Law Firm APC in San Jose.

U.S. District Court for the Eastern District of California case number 1:17-cv-01701-LJO-MJS

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