SAN FRANCISCO – A man who sued a Redwood City market over its alleged lack of Americans with Disabilities Act (ADA) access was granted partial recovery of attorney fees by the U.S. District Court for the Northern District of California.
Attorney fees and costs were five times greater than what the plaintiff received in settlement.
“In November 2019, the parties agreed to dismiss the case with prejudice, leaving the issue of attorney’s fees for the court’s determination,” the brief read.
The plaintiff, Gerardo Hernandez, sued Spring Charter Inc. and its store, Valley Market & Gas, after a visit to the store in March 2019.
“During his visit to the facility, the plaintiff encountered barriers that interfered with and denied his ability to use and enjoy the goods, services, privileges and accommodations offered at the facility,” the brief explained.
Allegedly the plaintiff had difficulty maneuvering his wheelchair inside the store because the aisles lacked sufficient width and there was a counter blocking the route of travel to the beverage refrigerator. The plaintiff needed to use the toilet, but could not access the restroom because the doorway was too narrow for his wheelchair. There was also a large step at the entrance, and the plaintiff could not get his wheels over it. Additionally, there were no grab bars in the restroom, so the plaintiff could not use the toilet safely.
The allegation said the defendants could have brought the site up to current ADA standards but had not done so.
The filed claim alleged violations of the ADA and the Unruh Civil Rights Act, which outlaws discrimination based on sex, religion, disability and other factors.
Attorneys for Hernandez asked the court for injunctive relief, preventive relief, statutory minimum damages, attorneys’ fees, litigation expenses and costs of the suit, including interest at the legal rate.
The parties agreed to a settlement after the defendants made a $4,000 offer of damages plus attorney fees to be determined by the court.
The court determined Hernandez was entitled to recover $16,936.50 in attorney’s fees and $3,300.48 in litigation expenses, for a total of $20,236.98.