A California resident is suing business operators for violation of the ADA

By Jenie Mallari-Torres | Mar 7, 2018

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

SACRAMENTO — A disabled California man who requires a wheelchair for mobility, is suing property owners of a  Chuck Wagon restaurant, 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 March 2 in U.S. District Court for the Eastern District of California against Joanne Furumoto, doing business as  Chuck Wagon, June Rodriguez, doing business as Chuck Wagon et al., alleging failure to provide full and safe equal access to its facilities.

According to the complaint, on Nov. 21, 2017, Acosta visited the Chuck Wagon, 1203 Academy Ave., Sanger, to have dinner. The suit says Acosta was discriminated against and sustained difficulty while attempting to utilize the parking facility and transaction counter at the defendants' premises. Acosta alleges the defendants failed to make reasonable modifications and remove architectural barriers to accommodate all individuals, including persons with disabilities. 

The plaintiff alleges the defendants created hazards to Acosta's safety and well-being, interfered with his right to travel free of discrimination, and failed to design and construct ADA-compliant premises.

Acosta seeks trial by jury, statutory minimum damages, attorney fees, litigation expenses, costs of suit, interest, injunctive relief, preventive relief and all 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-00142

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