A landmark case has been filed in the Superior Court of California, County of Santa Clara, alleging serious violations of disability rights laws by a local restaurant. Scott Johnson, represented by Seabock Price APC, filed the complaint on August 16, 2024, against TKS Restaurants, LLC.
Scott Johnson's lawsuit centers around his visits to The Kebab Shop located at 1078 E. Brokaw Road, Suite 30, San Jose, CA. Johnson visited the restaurant in November 2022 and February 2023 and encountered significant barriers to access due to his disability. He alleges that the restaurant failed to comply with the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act by not providing accessible dining tables for wheelchair users like himself. According to Johnson’s complaint, “Plaintiff encountered inaccessible dining tables on November 17, 2022 and February 9, 2023,” which prevented him from enjoying a meal comfortably at the establishment.
The lawsuit details multiple instances where The Kebab Shop's facilities were non-compliant with ADA standards. For example, outdoor "picnic-style" tables had an "x-shaped" base design that inhibited clear toe clearance for wheelchair users. Inside the restaurant, none of the four types of seating provided adequate knee and toe clearance despite some being marked as ‘accessible’ with an ISA logo sticker. Johnson's discomfort was exacerbated by his need to adjust his position frequently due to chronic pressure sores and muscle spasms caused by his spinal injury.
Johnson seeks a comprehensive range of remedies from the court. He is asking for permanent injunctive relief compelling TKS Restaurants to remove all architectural barriers within 90 days or another date deemed just by the court. This includes installing compliant dining surfaces both inside and outside the restaurant. Additionally, he demands biennial Certified Access Specialist (CASp) inspections to ensure ongoing ADA compliance and annual employee training on providing full and equal access to customers with disabilities.
In addition to injunctive relief, Johnson is seeking actual damages under the Unruh Civil Rights Act along with treble actual damages or statutory minimum damages for each occasion he was denied full and equal access. He also requests reasonable attorney fees, litigation expenses, and costs of suit.
The case is being handled by attorneys Dennis Price and Aaina Duggal from Seabock Price APC. It will be presided over in the Superior Court of California under Case Number: 24CV445348.