SAN DIEGO – A wheelchair user alleges a Bonsall restaurant has barriers for customers with disabilities.
James Rutherford filed a complaint on Aug. 29 in the U.S. District Court for the Southern District of California against Jack in the Box, Mission Road Partners LP and Does 1-10 alleging violation of the American with Disabilities Act of 1990.
According to the complaint, on June 11 and Aug. 16, Rutherford went to defendants' business to eat when he encountered architectural barriers that restricted access to him because of his wheelchair. He alleges the defendants' property did not have a compliant van-accessible parking space.
The plaintiff holds Jack in the Box, Mission Road Partners LP and Does 1-10 responsible because the defendants allegedly have no policy or plan in place to make sure parking spaces are compliant for those with disabilities.
The plaintiff requests a trial by jury and seeks preliminary and permanent injunction, 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-02023-BTM-AGS
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