SAN FRANCISCO -- Brian Whitaker filed a federal complaint on November 11 in the Northern District of California against Marin City Subway, LLC for violation of the Americans with Disabilities Act and violation of the Unruh Civil Rights Act.
According to the complaint, Whitaker went to the Marin City Subway in October 2021 with the intention to use the goods and services offered with his motivation being in part to determine if the defendants comply with the disability access laws. Whitaker alleges that Marin City Subway failed to provide wheelchair-accessible outside dining surfaces in conformance with the ADA standards.
Whitaker alleges there is insufficient knee or toe clearance under the outside dining surfaces. Whitaker alleges that Marin City Subway's failure to provide accessible facilities created difficulty and discomfort.
Whitaker seeks injunctive relief, equitable nominal damages for violation of the ADA, damages under the Unruh Civil Rights Act for actual damages and a statutory minimum of $4,000 for each offense, cost of suit and attorney fees. Whitaker is represented by Amanda Seabock of the Center for Disability Access.
U.S. District Court Northern District of California case number 4:21-cv-08767-KAW