SAN DIEGO – A wheelchair user alleges that a parking space at a Solana Beach business was not compliant.
Scott Schutza filed a complaint on Sept. 13 in the U.S. District Court for the Southern District of California against SBTC Holdings 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 and visited the defendant's location at 663 Loma Santa Drive in Solana Beach to shop at Dixieline. He alleges there was a parking space marked and reserved for persons with disabilities, but the parking stall and access aisle had slopes greater than 2.1 percent. He alleges this denied him full and equal access to the premises.
The plaintiff holds SBTC Holdings LLC and Does 1-10 responsible because the defendants allegedly failed to maintain in operable working condition the features that are required to be readily accessible to and useable by persons with disabilities.
The plaintiff requests a trial by jury and seeks judgment against defendants for injunctive relief, damages, attorney fees, litigation expenses and costs of suit. He 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 3:18-cv-02124