SAN DIEGO — A disabled customer is suing owners of a San Diego frozen yogurt restaurant, alleging violation of the American With Disabilities Act (ADA), and the Unruh Civil Rights Act.
Roy Mason, who requires a wheelchair, filed a complaint Feb. 16 in U.S. District Court for the Southern District of California against Mark Calabrese, doing business as Rockie's Frozen Yogurt et. al., alleging that they failed to provide full and safe equal access to its facilities.
According to the complaint, on July 25, 2017, Mason was at Rockie's Frozen Yogurt, 7612 Linda Vista Drive, San Diego. The suit says Mason suffered discrimination and was denied full and equal access to Rockie's because the property was inaccessible to persons with disabilities.
The plaintiff alleges the defendants failed to modify any discriminatory policies, practices and procedures that deter Mason and other individuals with disabilities from full access of the public accommodations.
Mason seeks trial by jury, injunctive relief, special and/or statutory damages of $4,000 per violation of the civil code, Section 51, punitive and exemplary damages, attorney fees, court costs and all other relief the court deems proper. He is represented by attorney Michael A. Taibi of Taibi & Associates APC in San Diego.
U.S. District Court for the Southern District of California case number 18-cv-368