Wheelchair user files discrimination suit against Hot Dog Bar

By Noddy A. Fernandez | May 25, 2018

SAN DIEGO – A wheelchair user alleges a San Francisco restaurant did not have seating he could use on the patio.

SAN DIEGO – A wheelchair user alleges a San Francisco restaurant did not have seating he could use on the patio.

Jerry Jackson filed a complaint on May 2 in the U.S. District Court for the Southern District of California against WD Tome Inc., doing business as Hot Dog Bar; Anthony L. Allos Living Trust 06-01-90; Peter P & Doris K Allos Living Trust 04-30-90; and Does 1-10 over alleged violation of the Americans with Disabilities Act, Unruh Civil Rights Act and California Disabled Persons Act.

According to the complaint, the plaintiff alleges that on Sept. 20, 2017, he was denied full and equal access to defendants' Hot Dog Bag facility because the property was inaccessible to individuals who use wheelchairs for mobility. The plaintiff states that there was no outdoor setting on the patio available for him and no designated or alternate table would accommodate his wheelchair. 

The plaintiff alleges the defendants discriminated against him and other similarly situated persons by denying full and equal access to the facility.

The plaintiff requests a trial by jury and seeks award of punitive and exemplary damages, attorney fees, costs, and such 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-00825-DMS-BLM

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Taibi & Associates, APC U.S. District Court for the Southern District of California

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