FRESNO – A wheelchair user alleges he been deterred from returning to a Lebec restaurant because of architectural barriers there.
Luis Villegas filed a complaint on Feb. 23 in the U.S. District Court for the Eastern District of California against Plains All American Pipeline LP, Jack in the Box Inc. and Does 1-10 alleging violation of the Americans with Disabilities Act and the Unruh Civil Rights Act.
According to the complaint, the plaintiff is a paraplegic and wheelchair user. He alleges that in December 2017, he visited the defendants' Lebec Jack in the Box restaurant and inaccessible conditions there denied him full and equal access.
The plaintiff holds Plains All American Pipeline LP, Jack in the Box Inc. and Does 1-10 responsible because the defendants allegedly did not have a compliant, accessible handicap parking space and non-ADA compliant restrooms.
The plaintiff requests a trial by jury and seeks judgment against defendants, damages, injunctive relief, actual damages and a statutory minimum of $4,000, attorney's fees, litigation expenses and costs of suit. He is represented by Isabel Masanque, Phyl Grace, Mary Melton and Dennis Price of Center for Disability Access in San Diego.
U.S. District Court for the Eastern District of California case number 1:18-cv-267