SACRAMENTO – A wheelchair user alleges he was unable to enter a Fresno business because of a step at the entrance.
Jose Acosta filed a complaint on Sept. 20 in the U.S. District Court for the Eastern District of California against Mone Thipavong, doing business as M T Mini Mart; Daniel Shabaglian; and Lily Shabaglian alleging violation of the Americans with Disabilities Act.
According to the complaint, the plaintiff alleges that on Aug. 27, he visited the defendants' store facility located at 828-830 E. Belmont Ave. in Fresno for the purpose of purchasing beverages. He alleges he was unable to enter the premises using his wheelchair because of a step at the entrance of the facility.
The plaintiff holds Thipavong, Daniel Shabaglian and Lily Shabaglian responsible because the defendants allegedly failed to make reasonable modifications in policies, practices, or procedures at the facility, and failed to maintain the facility in an accessible condition.
The plaintiff requests a trial by jury and seeks judgment against defendants, injunctive relief, statutory minimum damages, attorneys’ fees, litigation expenses and costs of suit, interest and further relief as the court deems proper. He is represented by Zachary M. Best of Mission Law Firm APC in San Jose.
U.S. District Court for the Eastern District of California case number 1:18-cv-01293