A disabled woman is fighting for her right to access public accommodations, alleging significant violations of the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act. Meryl Pomponio filed a complaint on August 23, 2024, in the Superior Court of California, County of Sacramento, against Pinnacle Hospitality Group LLC and Lojon Property 71 LLC.
According to the complaint, Mrs. Pomponio suffers from Paraneoplastic Syndrome, which confines her to a mobility device. In February 2024, she was denied full and equal access to a Long John Silver’s restaurant located at 3605 Elkhorn Boulevard in North Highlands, CA. The plaintiff's attorney, Daniel Malakauskas of Malakauskas Law APC, claims that both the tenant (Pinnacle Hospitality Group LLC) and the landlord (Lojon Property 71 LLC) failed to provide necessary accommodations as required by law.
Mrs. Pomponio alleges that she encountered several barriers that hindered her ability to use and enjoy the services offered by the establishment. Specifically, she struggled with heavy doors that were difficult to open from her seated position and restroom facilities that were not accessible due to improper hardware and flush controls positioned too close to the wall. These obstacles prevented her from accessing basic amenities during her visit.
The lawsuit asserts that these accessibility issues are clear violations of Title III of the ADA and various sections of California’s Civil Code. Mrs. Pomponio argues that the defendants had both knowledge of these barriers and the financial means to remove them but chose not to do so. She contends that such modifications would have been readily achievable without much difficulty or expense.
In addition to seeking damages for each violation, Mrs. Pomponio requests injunctive relief requiring the defendants to modify their facilities and policies in compliance with ADA regulations. She asks for permanent changes ensuring that individuals with disabilities can fully access goods and services offered by these public accommodations.
The case has been assigned Case No.: 243016910 in the Superior Court of California, County of Sacramento. Attorney Daniel Malakauskas represents Mrs. Pomponio in this matter.