Wheelchair user alleges Little Damage did not have accessible facility

By Jenie Mallari-Torres | Aug 9, 2018

LOS ANGELES – A Los Angeles ice cream shop is alleged to have an inaccessible facility to patrons with wheelchairs.

Brian Whitaker filed a complaint on July 23 in the U.S. District Court for the Central District of California against Emser International LLC, JDI 2 LLC and Does 1-10 alleging violation of the Americans with Disabilities Act and the Unruh Civil Rights Act.

According to the complaint, the plaintiff uses a wheelchair for mobility because of a spinal cord injury. He alleges in June, he went to the defendants' Little Damage location in Los Angeles to get ice cream and encountered barriers there, including a dining counter that was too high and no nearby accessible dining tables.

The plaintiff holds Emser International LLC, JDI 2 LLC and Does 1-10 responsible because the defendants allegedly failed to make modifications when necessary to afford goods, services and accommodations to individuals with disabilities.

The plaintiff requests a trial by jury and seeks judgment against defendants for damages, injunctive relief, attorney's fees, litigation expenses and costs of suit. He is represented by Chris Carson, Raymond Ballister Jr., Phyl Grace and Dennis Price of Center for Disability Access in San Diego.

U.S. District Court for the Central District of California case number 2:18-cv-06336

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