Patron alleges parking lot at Rally's Restaurant in El Centro violates accessibility guidelines

By Philip Gonzales | Oct 2, 2018

SAN DIEGO – An El Centro restaurant is alleged to have failed to maintain in working and useable condition features on the property that are needed for access by customers with disabilities.

James Rutherford filed a complaint on Sept. 24 in the U.S. District Court for the Southern District of California against Rally's Restaurant, K-mart Corp. and Does 1-10 alleging that they failed to comply with the Americans with Disability Act accessibility guidelines.

According to the complaint, the plaintiff alleges that on May 21 and June 22 he went to the defendants' business premises to purchase a hamburger. He alleges he encountered architectural barriers when attempting to access the defendants business and property, including an incompliant parking space

The plaintiff holds Rally's Restaurant, K-mart Corp. and Does 1-10 responsible because the defendants allegedly failed to ensure facilities were available and ready to use in violation of law.

The plaintiff requests a trial by jury and seeks actual and statutory damages of no less than $4,000 per violation, attorneys' fees, litigation expenses and costs. He is represented by Joseph R. Manning Jr., Michael J. Manning and Craig G. Côte of Manning Law APC in Newport Beach.

U.S. District Court for the Southern District of California case number 3:18-cv-02206-W-MDD

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Manning Law, APC U.S. District Court for the Southern District of California

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