Man alleges Urbane Cafe patio area did not have tables to accommodate wheelchair

By Jenie Mallari-Torres | Apr 5, 2018

SAN DIEGO – A wheelchair user alleges he was denied full and equal access to a San Diego restaurant because the property was inaccessible to him.

Dwight Banks filed a complaint on March 19 in the U.S. District Court for the Southern District of California against Urbane Cafe Founders Inc., doing business as Urbane Cafe; Morena Vista LLC; 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 wheelchair user and visited the Urban Cafe restaurant in San Diego on July 28, 2017. He alleges the restaurant did not have a table that would accommodate his wheelchair in the outside/patio dining area.

The plaintiff holds Urbane Cafe Founders Inc., Morena Vista LLC and Does 1-10 responsible because the defendants allegedly failed to comply with California access standards and failed to maintain accessible features in operable working condition.

The plaintiff seeks judgment against the defendants; declaratory and injunctive relief; actual, special and/or statutory damages; punitive and exemplary damages; attorney's fees and costs; and other relief as the court deems proper. He is represented by Michael A. Taibi of Taibi & Associates APC in San Diego.

U.S. District Court for the Southern District of California case number 3:18-cv-570

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