SAN DIEGO – An El Cajon Boulevard, San Diego business is alleged to have barriers that restrict access to its amenities to consumers with disabilities.
Chris Langer filed a complaint on Jan. 24 in the U.S. District Court for the Southern District of California against Alex Mickle; Effect Marketing Group LLC, Seung Won Choi, Hye M. In, Cap & Tee Factory SD LLD and Does 1-10 citing the Americans with Disabilities Act and Unruh Civil Rights Act.
According to the complaint, the plaintiff is a paraplegic and uses a wheelchair for mobility. Langer alleges that in September 2017, he went to defendants' Cap & Tee Factory to have shirts printed, however, he alleges there that there were no parking spaces marked and reserved for persons with disabilities like himself.
Langer alleges that there used to be a parking space marked and reserved for persons with disabilities at the defendants' business, but the parking spaces have either been paved over or been allowed to fade beyond recognition.
The plaintiff also alleges some of the merchandise aisles were not accessible to wheelchair users, the transaction counter was too high and the restroom also had barriers.
The plaintiff seeks injunctive relief, actual damages and a statutory minimum of $4,000 per incident, attorney fees, litigation expenses and costs of suit. He is represented by Isabel Masanque, Ray Ballister Jr., Phyl Grace and Dennis Price of Center for Disability Access in San Diego.
U.S. District Court for the Southern District of California case number 3:18-cv-00163-BEN-BLM