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NORTHERN CALIFORNIA RECORD

Friday, April 26, 2024

Disabled woman alleges convenience store fails to comply with ADA

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FRESNO — A disabled special education teacher is suing a Valley Springs convenience store, alleging disability discrimination.

Cynthia Hopson, who requires a mobility scooter, filed a complaint Dec. 28 in U.S. District Court for the Eastern District of California Fresno Division against Village Gas N Mart Inc. doing business as Village Gas N Mart, Pavilion Land Company LLC and Does 1-50, alleging violation of the Americans with Disabilities Act and the Unruh Civil Rights Act.

According to the complaint, in August 2016, Hopson was denied the full and equal access to a public accommodation owned by defendants when she went to use the services and buy products at the Village Gas N Mart at 10 Vista Del Lago, Valley Springs. Hopson says, as a disabled person, she encountered barriers that interfered with her ability, to use and enjoy the goods, services, privileges and accommodations offered by the facility. 

The plaintiff alleges the defendants failed to ensure that their property was equally accessible to individuals with disabilities and medical conditions by failing to comply with the provisions under ADA.

Hopson seeks trial by jury, damages of at least $4,000 for each civil code violation, litigation expenses, court costs, attorney fees and all other relief the court deems just and proper. She is represented by attorney Daniel Malakauskas of Las Vegas.

U.S. District Court for the Eastern District of California, Fresno Division case number 1:17-cv-01758-DAD-SAB

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