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NORTHERN CALIFORNIA RECORD

Thursday, March 28, 2024

Disabled customer accuses Encino property owner of disability discrimination

Discrimination 13

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LOS ANGELES — A disabled California man who requires a wheelchair is suing Encino public facility owners, alleging disability discrimination.

Brian Whitaker filed a complaint Jan. 25 in U.S. District Court for the Central District of California against Ventura Investment Company, LLC and Fedex Office and Print Services, Inc. and Does 1-10, alleging violation of the American’s With Disabilities Act and Unruh Civil Rights Act.

According to the complaint, in October. 2017, Whitaker went to the defendants' Fed Ex facility, 15720 Ventura Blvd., Encino, to get a passport photo. Whitaker says the facility is open to the public but he encountered barriers that denied him full and equal access to the facility as a disabled person. 

The suit says the Fed Ex facility was not in usable conditions required to provide ready access to persons with disabilities. 

The plaintiff alleges the defendants failed to ensure its facilities were available and ready to be used by persons with disabilities and failed to remove architectural barriers where such removal is readily achievable.

Whitaker seeks trial by jury, injunctive relief, damages and a statutory minimum of $4,000, attorney fees, litigation expenses and costs of suit. He is represented by attorney Isabel Masanque of Center for Disability Access in San Diego.

U.S. District Court for the Central District of California case number 2:18-cv-00636-PA-RAO

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