SACRAMENTO – A customer of a Fresno business alleges he experienced discrimination because architectural barriers hindered the use of his wheelchair.

Jose Acosta filed a complaint on March 9 in the U.S. District Court for the Eastern District of California against Anthony Joaquin Barrita Soriano, doing business as A-B Tires & Wheels and also known as A-B Tires & Services; Pablo Rubio; and Olga Rubio citing the Americans with Disabilities Act and Unruh Act.

According to the complaint, the plaintiff alleges that on Dec. 26, 2017, visited defendants' property for the purpose of purchasing new tires and experienced discrimination when he was denied full use and enjoyment of the goods, services, privileges and accommodations offered at the facility. 

The plaintiff holds the defendants responsible because the plaintiff allegedly could not find an accessible parking space at the property, could not enter the property because of a step into the entrance and could not use the restroom while his car was being serviced because the route was too narrow for his wheelchair.

The plaintiff seeks judgment against the defendants; injunctive, preventive, or any other relief the court deems proper; statutory minimum damages; attorneys’ fees; litigation expenses; and costs of suit, interest, and further relief as the court deems proper. He is represented by Zachary M. Best of Mission Law Firm APC in San Jose.

U.S. District Court for the Eastern District of California case number 1:18-at-171

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U.S. District Court for the Eastern District of California




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