FRESNO – A woman is suing a Bakersfield hotel a second time, this time over allegations it discriminated against her by not providing ADA-accessible rooms of all room types.
Theresa Brooke filed a complaint on Aug. 24 in the U.S. District Court for the Eastern District of California against Padre Hotel LP, doing business as Padre Hotel, alleging violation of the Americans with Disabilities Act, the California Unruh Civil Rights Act and the California Disabled Persons Act.
According to the complaint, the plaintiff is disabled and uses a wheelchair. She previously filed a suit against the defendant that is currently pending over allegations the hotel had a disability access barrier that precluded her entry into the hotel.
"Defendant discriminates plaintiff and other disabled Americans by making many different room-types available that are not accessible, but only one room-type available that is ADA accessible. For example, defendant has 'Head Honcho suites' available on every floor of the hotel, but none of them are ADA accessible. With this complaint, plaintiff seeks to force defendant to modify its several different room types to include at least one room of each type that is ADA accessible," the suit states.
The plaintiff holds Padre Hotel LP responsible because the defendant allegedly discriminated against plaintiff by not providing an equal choice among room types.
The plaintiff requests a trial by jury and seeks judgment against defendant for damages, declaratory judgment, permanent injunction, costs of suit, and other relief the court deems just. She is represented by Peter Kristofer Strojnik of The Strojnik Firm LLC in Phoenix, Arizona.
U.S. District Court for the Eastern District of California case number 1:18-cv-01145