Disabled customer accuses Sacramento gas station owners of violating ADA

By Noddy A. Fernandez | Feb 19, 2018

SACRAMENTO — A disabled California man is suing a Sacramento gas station owner, alleging disability discrimination.

SACRAMENTO — A disabled California man is suing a Sacramento gas station owner, alleging disability discrimination.

Scott Johnson, who requires a wheelchair and a specially equipped van, filed a complaint Feb. 5 in U.S. District Court for the Eastern District of California against AU Energy LLC, and Does 1-10, alleging violation of the American’s With Disabilities Act and Unruh Civil Rights Act.

According to the complaint, in 2016 and 2017 Johnson went to the defendant's Shell gas station, 6490 Mack Road. Sacramento. The suit says Johnson encountered barriers while in the facility, including no policy or plan in place to make sure parking spaces reserved for persons with disabilities remain usable and that the transaction counter can be used by persons in wheelchairs. 

The plaintiff alleges AU Energy failed to make alterations in such a manner that, to the maximum extent feasible, make them readily accessible to and usable by individuals with disabilities.

Johnson seeks trial by jury, injunctive relief under the Disabled Persons Act, actual 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 Eastern District of California case number 2:18-cv-00251-MCE-GGH

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