SACRAMENTO – A Visalia restaurant is alleged to have barriers that made it difficult for a wheelchair user to dine at the location.
Jose Trujillo filed a complaint on June 15 in the U.S. District Court for the Eastern District of California against Valderama Lopez Esperanza, doing business as Mariscos El 30, et al. alleging that they violated Title III of the Americans with Disabilities Act.
According to the complaint, the plaintiff alleges that during his visit to defendants' restaurant on Aug. 29, 2017, he encountered physical and intangible barriers that interfered with his ability to use and enjoy the goods, services, privileges and accommodations offered at the facility. He alleges he could not park in the designated accessible parking because other vehicles were parked in those spaces, he could not find a table that could accommodate his wheelchair and soap, paper towels and toilet paper in the restroom were too high for him to reach.
The plaintiff holds Esperanza, et al. responsible because the defendants allegedly failed to remove the barriers from the facility and failed to make it accessible to the physically disabled.
The plaintiff requests a trial by jury and seeks statutory minimum damages according to proof, attorneys’ fees, litigation expenses, and costs, with interest and such other and further relief. 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-00828-DAD-EPG