Customer claims restroom at Lee's Chinese Fast Food was not accessible to wheelchair users

By Jenie Mallari-Torres | Apr 20, 2018

LOS ANGELES – A Santa Monica restaurant is alleged to have denied a customer with disabilities full and equal access to its property because of architectural barriers.

LOS ANGELES – A Santa Monica restaurant is alleged to have denied a customer with disabilities full and equal access to its property because of architectural barriers.

Jose Mendez filed a complaint on April 2 in the U.S. District Court for the Central District of California against Peter Keath, doing business as Lee's Chinese Fast Food, and Does 1-10 citing the Americans with Disabilities Act and the Unruh Civil Rights Act.

According to the complaint, the plaintiff has a physical disability and uses a wheelchair. He alleges he visited the defendant's restaurant in August and September 2017 and encountered barriers there, including a nonaccessible restroom and a counter that did not comply with federal and state standards.

The plaintiff holds Keath and Does 1-10 responsible because the defendants allegedly "engage in business practices and policies that create systemic barriers to full and equal access for people with disability in violation of state and federal law," the suit states.

The plaintiff requests a trial by jury and seeks relief and judgment against defendants; preliminary and permanent injunction; award appropriate damages, including statutory, general and treble damages; restitution; attorney’s fees; litigation expenses; and costs of suit; interest; and further relief as the court deems just. He is represented by Jason Yoon and John Y. Kim of So. Cal. Equal Access Group in Los Angeles.

U.S. District Court for the Central District of California case number 18-cv-02652

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