Disabled customer accuses Fresno auto parts business of disability discrimination

By Jenie Mallari-Torres | Feb 26, 2018

SACRAMENTO — A disabled man who requires a wheelchair is suing owners of a Fresno auto parts store, alleging disability discrimination and violation of the Americans with Disabilities Act (ADA).

SACRAMENTO — A disabled man who requires a wheelchair is suing owners of a Fresno auto parts store, alleging disability discrimination and violation of the Americans with Disabilities Act (ADA).

Jose Acosta filed a complaint Feb. 16 in U.S. District Court for the Eastern District of California against John J. Cortez, doing business as  Easton Auto Parts and Rebecca S. Cortez, alleging they denied full access to the physically disabled.

According to the complaint, on Oct. 20, 2017, Acosta was at Easton Auto Parts, 5765 S. Elm Ave., Fresno, to purchase a saw and a flashlight. The suit says Acosta suffered discrimination and difficulty in patronizing the defendants' business because, of the barriers he encountered, including an inaccessible parking facility, steep ramp, compact restroom and an elevated transaction counter. 

The plaintiff alleges the defendants failed to remove architectural barriers, failed to alter the facility to make it accessible to persons with a disability and failed to design and construct an accessible facility.

Acosta seeks trial by jury, statutory minimum damages of at least $4,000 for each offense, injuctive relief, preventive relief and all other relief the court deems proper, attorney fees, litigation expenses, costs of suit, interest and all further relief the court deems proper. He is represented by attorney Zachary M. Best of Mission Law Firm APC in San Jose.

U.S. District Court for the Eastern District of California case number 18-cv-236

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