SAN DIEGO – A man who uses a wheelchair alleges he was not able to fully access a San Diego business because of architectural barriers there.
Dwight Banks filed a complaint on April 12 in the U.S. District Court for the Southern District of California against Mesdaq Inc., doing business as Gran Havana Cigar & Hookah Lounge; Medina Family Trust; and Does 1-10 citing the Americans with Disabilities Act and the Unruh Civil Rights Act.
According to the complaint, the plaintiff is a wheelchair user and visited the defendants' business July 19, 2017. He alleges he was not able to access counter or outdoor seating and that restroom facilities did not exist for disabled customers.
The plaintiff holds Mesdaq Inc., Medina Family Trust and Does 1-10 responsible because the defendants allegedly discriminated against him but denying disabled persons full and equal access to the facility.
The plaintiff requests a trial by jury and seeks judgment against defendants, injunctive and declaratory relief; award actual, special and/or statutory damages; restitution; punitive and exemplary damages; attorney's fees; 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-00724