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NORTHERN CALIFORNIA RECORD

Friday, April 26, 2024

Disabled customer accuses Fresno restaurant of violating ADA

Wheelchair 03

SACRAMENTO — A disabled California man who requires a wheelchair for mobility is suing property owners of a Fresno restaurant, alleging disability discrimination and failure to uphold Americans with Disabilities Act (ADA) regulations.

Jose Acosta, who has filed other discrimination suits, filed a complaint Feb. 16 in U.S. District Court for the Eastern District of California against Rosalinda Morales, doing business as Tacos La Piedad, and Husam Kaileh, alleging failure to provide full and safe equal access to its facilities.

According to the complaint, on Nov. 21, 2017, Acosta went to Tacos LA Piedad, 2709 N. Hughes Ave., Fresno to have a meal. The suit says Acosta suffered discrimination and difficulties due to the architectural barriers and/or lack of ADA-compliant facilities. The lawsuit states these barriers deterred him from enjoying the goods, services and accommodation offered at the restaurant. 

The plaintiff alleges the defendants caused Acosta difficulty maneuvering the steep and uneven parking ramp, failed to have an accessible transaction counter and failed to alter the heavy restroom door that caused the plaintiff difficulty.

Acosta seeks trial by jury, injunctive relief, statutory minimum damages of $4,000 per offense, 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-237

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