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NORTHERN CALIFORNIA RECORD

Tuesday, April 16, 2024

Disabled customer accuses Sanger market disability discrimination

Wheelchair 04

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

Jose Acosta, who has filed numerous disability discrimination suits, filed a complaint Feb. 23 in U.S. District Court for the Eastern District of California against Ahmed Maklani, doing business as Buy N Bye Market, alleging the defendant failed to provide full and safe equal access to its facilities.

According to the complaint, on Oct. 11, 2017, Acosta was at Bye N Bye Market, 1235 Sanger Ave., Sanger, to purchase water and snacks. Acosta says he sustained difficulty while attempting to utilize the market's parking facility because of the defendants' failure to make reasonable modifications and remove architectural barriers to accommodate all individuals, including persons with disabilities. 

The plaintiff alleges Buy N Bye Market failed to alter its facilities in a manner that assists individuals with disabilities, failed to modify existing policies and procedures, and failed to maintain accessible features.

Acosta seeks trial by jury, statutory minimum damages of $4,000 per each offense, attorney fees, litigation expenses, costs of suit, interest, injunctive relief, preventive relief and any other 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-at-131

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