SACRAMENTO — A disabled man who requires use of a wheelchair and a specially equipped van is suing Sacramento property owners, alleging violation of the Americans With Disabilities Act (ADA).
Scott Johnson filed a complaint Jan. 10 in U.S. District Court for the Eastern District of California against Sally R. Davis, Martin M. Chorich and Guiseppe Enterprises Inc., alleging they failed to provide full and safe equal access to its facilities.
According to the complaint, Johnson has suffered difficulty in patronizing the defendants' Giovanni's Pizzeria at 6200 Folsom Blvd., Sacramento. The suit says the establishment lacks ADA-compliant and accessible handicap parking spaces for persons with disabilities that complied with the Americans with Disability Act accessibility guidelines (ADAAG) during Johnson's visits in 2016 and 2017.
The plaintiff alleges the defendants have failed to make modifications in policies to allow individuals with disabilities to have access to the goods and services offered, and failed to remove architectural barriers where such removal is readily achievable.
Johnson seeks trial by jury, actual damages and a statutory minimum of $4,000, injunctive relief, attorney fees, litigation expenses and costs of suit. He is represented by attorney Isabel Masanque of Disability Access in San Diego.
U.S. District Court for the Eastern District of California case number 18-cv-49