SACRAMENTO – A customer of a Fresno tire shop alleges he had to sit outside while his vehicle was being serviced because he could not enter the facility since his wheelchair could not navigate the steps.
Jose Acosta filed a complaint on March 29 in the U.S. District Court for the Eastern District of California against Mario Castelan Ortega, doing business as Castelan's Tire Shop; Gene L. Webster; and Chiara Webster alleging violation of the Americans with Disabilities Act.
According to the complaint, the plaintiff uses a wheelchair for mobility and on Sept. 26, 2017, he visited defendants' facility for the purpose of having the tires of his vehicle rotated. He alleges he could not find any accessible parking at the facility and was forced to wait outside while his vehicle was being serviced because he could not enter due to steps and a high threshold.
The plaintiff holds Ortega, doing business as Castelan's Tire Shop; Gene L. Webster; and Chiara Webster responsible because the defendants allegedly discriminated against him by denying full and equal enjoyment of its accommodations.
The plaintiff requests a trial by jury and seeks injunctive relief, preventive relief, or any other relief 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-cv-00436-DAD-EPG