SAN DIEGO – A wheelchair user alleges a San Marcos restaurant has barriers that restricted his access to the property.
James Rutherford filed a complaint on Aug. 29 in the U.S. District Court for the Southern District of California against Tom's Burgers Family Restaurant, et al. over alleged violation of the Americans with Disabilities Act.
According to the complaint, the plaintiff is disabled and is a wheelchair user. He alleges in June, he went to the defendants' restaurant to use the restroom and alleges he encountered barriers because the parking lot, restroom and seating spaces were not compliant.
The plaintiff holds Tom's Burgers Family Restaurant, et al. responsible because the defendants allegedly failed to ensure the accommodations, facilities, goods and services were offered on a full and equal basis.
The plaintiff requests a trial by jury and seeks preliminary and permanent injunction, award of actual and statutory damages, attorneys' fees, litigation expenses and costs of suit. He is represented by Joseph R. Manning Jr., Michael J. Manning and Craig G. Côté of Manning Law APC in Newport Beach.
U.S. District Court for the Southern District of California case number 3:18-cv-02022-AJB-WVG