Disabled woman accuses convenience story of violating ADA

By Jenie Mallari-Torres | Jan 5, 2018

FRESNO — A special education teacher with disabilities is suing the tenant and landlord of a Modesto convenience store, alleging disability discrimination and failure to uphold Americans with Disabilities Act regulations.

Cynthia Hopson, who requires use of a mobility scooter, filed a complaint Dec. 25 in U.S. District Court for the Eastern District of California Fresno Division against Astifnas Albert, Christopher Albert, NL and Sons Inc., doing business as Stop and Shop, Miguel Angel Toscano, Rosalinda Toscano and Does 1-50, alleging they failed to provide full and safe equal access to their facilities.

According to the complaint, in 2016, Hopson was denied full and equal access to the facility at 5913 McHenry Ave., Modesto. The suit says she experienced difficulty, discomfort, or embarrassment, while going to the business owned by the defendants due to the improper slope in the parking area and an unlabeled parking stall. 

The plaintiff alleges the defendants failed to design and construct the premises to be accessible to and accommodate persons with disabilities, and denied Hopson the opportunity to participate in or benefit from the goods, services and privileges being offered.

Hopson seeks trial by jury, injunctive relief, all damages, statutory damages of no less than $4,000 per violation, litigation expenses, costs of action, attorney fees and all further relief the court deems just. She is represented by attorney Daniel Malakauskas of Las Vegas.

U.S. District Court for the Eastern District of California Fresno Division Case number 17-cv-01745

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