SAN DIEGO — A quadriplegic is suing the owners of an Original Pancake House, alleging violation of the Americans With Disabilities Act (ADA).
Pedro Garcia filed a complaint on Jan. 19 in the U.S. District Court for the Southern District of California against Horng Jow Corporation, Setili Investments Inc., and Does 1- 10, alleging that they failed to provide full and safe equal access to its San Diego restaurant.
According to the complaint, the plaintiff alleges that in November 2017he was subjected to discrimination while visiting the defendants' establishment due to the lack of accessible facilities that caused him difficulty and frustration.
The plaintiff holds the defendants responsible because they allegedly failed to maintain in working and usable conditions the features required to provide ready access to persons with disabilities, and failed to make reasonable modifications in policies, practices or procedures.
The plaintiff requests a trial by jury; and seeks judgment against the defendants for damages, injunctive relief, actual damages, attorneys' fees and litigation expenses. He is represented by Ray Ballister Jr., Isabel Masanque, Phyl Grace and Dennis Price of the Center for Disability Access in San Diego.
U.S. District Court for the Southern District of California Case number 18-cv-122