A disabled woman is suing a Sacramento restaurant for violating her civil rights under the Americans with Disabilities Act (ADA) and California state laws. The complaint was filed by Meryl Pomponio on August 23, 2024, in the Superior Court of California, County of Sacramento, against El Bramido Restaurant & Bar, Inc., its owner Juan Gamino, and other associated parties.
Meryl Pomponio suffers from Paraneoplastic Syndrome, which confines her to a mobility device. In February 2024, she attempted to visit El Bramido Restaurant & Bar located at 2394 Northgate Boulevard in Sacramento but encountered several barriers that prevented her from accessing the restaurant's services. According to the complaint, these barriers included a heavy entrance door difficult to open from a seated position, lack of accessible dining tables, and an inaccessible restroom. "The alleged accessible restaurant entrance door was heavy and difficult to open from her seated position in her wheeled device," states the complaint.
Pomponio alleges that these barriers constitute violations of Title III of the ADA and the Unruh Civil Rights Act. She claims that the defendants knew about these barriers but failed to remove them despite having control over the property and sufficient financial resources. "Defendants’ failure to remove the barriers was intentional as the particular barriers mentioned above were intuitive and obvious," reads the complaint.
Pomponio is seeking injunctive relief requiring El Bramido Restaurant & Bar to modify its facilities to comply with ADA regulations. She also seeks statutory damages of no less than $4,000 for each violation of California Civil Code § 51 and general damages according to proof. Additionally, she requests that the court retain jurisdiction over the defendants until they fully comply with accessibility laws.
The case is being handled by attorney Daniel Malakauskas of Malakauskas Law APC. The case ID is S4lcVOaB SF FG.