Customer alleges KFC fails to comply with Americans with Disabilities Act

By Noddy A. Fernandez | Jan 8, 2018

FRESNO — A disabled woman is suing a Kentucky Fried Chicken franchise in Merced, alleging disability discrimination.

FRESNO — A disabled woman is suing a Kentucky Fried Chicken franchise in Merced, alleging disability discrimination.

Aurora Cervantes, who says she suffers from systemic lupus erythematosus, filed a complaint Dec. 28 in the U.S. District Court for the Eastern District of California Fresno Division against Wagstaff 100, Inc., doing business as Kentucky Fried Chicken, Quality Distributing Company, and Does 1-50, alleging violation of the Americans with Disabilities Act and the Unruh Civil Rights Act.

According to the complaint, on June 2, 2016 and July 31, 2017, Cervantes tried to use the services and/or buy products at Kentucky Friend Chicken, 180 W. Olive Ave., Merced. Cervantes says as a disabled person she encountered barriers while parking in the lot. The suit says this interfered with her ability, to use and enjoy the goods, services, privileges and accommodations offered by the Kentucky Fried Chicken facility. 

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

Cervantes seeks trial by jury, damages of at least $4,000 for every violation, litigation expenses, court costs, attorney fees, and all other just and proper relief. 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-01766-DAD-EPG

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