SAN DIEGO – An El Cajon business is alleged to have barriers that restrict access to the aisles of merchandise to customers with wheelchairs.
Denise Kish filed a complaint on Aug. 9 in the U.S. District Court for the Southern District of California against Homegoods Inc. and Does 1-10 alleging violation of the Americans with Disabilities Act and the Unruh Civil Rights Act.
According to the complaint, the plaintiff has multiple sclerosis and uses a wheelchair for mobility. She alleges she went to the defendant's Home Goods store in January and June to shop and alleges many of the merchandise aisles were not accessible to wheelchair users because of restrictions that made the paths less than 36 inches in width.
The plaintiff holds Homegoods Inc. and Does 1-10 responsible because the defendants allegedly discriminated against her because of the lack of accessible facilities.
The plaintiff seeks judgment against defendants for actual damages at a statutory minimum of $4,000, attorney fees, litigation expenses and costs of suit. She is represented by Chris Carson, Phyl Grace and Dennis Price of Center for Disability Access in San Diego.
U.S. District Court for the Southern District of California case number 18-cv-01861