Disabled man accuses San Diego property owner of violating ADA

By Jenie Mallari-Torres | Feb 15, 2018

SAN DIEGO — A disabled man is suing San Diego auto shop operators, alleging disability discrimination and failure to uphold Americans with Disabilities Act (ADA) regulations.

SAN DIEGO — A disabled man is suing San Diego auto shop operators, alleging disability discrimination and failure to uphold Americans with Disabilities Act (ADA) regulations.

Karel Spikes, who requires a wheelchair, filed a complaint Feb. 6 in U.S. District Court for the Southern District of California against Mike Dawood, doing business as AAA Smog & Repair Center, Rochelle S. Temkin and Does 1-10, alleging they failed to provide full and safe equal access to its facilities.

According to the complaint, on Nov. 6, 2017, Spikes was at an auto repair shop, 7176 El Cajon Blvd., San Diego. The suit says, as a disabled person, Spikes sustained difficulty because of the barriers, including the lack of a van-accessible parking space and an accessible path of travel to the goods and services being offered at defendants' property. 

The plaintiff alleges the defendants created hazards to Spikes' safety and well-being, interfered with his right to travel free of discrimination and failed to design and construct an ADA-compliant premises.

Spikes seeks trial by jury, actual, special and/or statutory damages of more than $4,000, punitive and exemplary damages, attorney fees, court costs, and all further relief the court deems proper. He is represented by attorney Thomas J. Vandeveld III of Vandeveld Law Offices in Bonita, California.

U.S. District Court for the Southern District of California case number 18-cv-275

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