Scott Johnson, a disabled individual, has filed a lawsuit against Deborah Hernandez and unnamed defendants for alleged violations of the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act. The complaint was filed on October 8, 2024, in the Superior Court of California, County of Santa Clara. Johnson claims that the Guitar Wars retail store in San Jose failed to comply with accessibility laws during his visits in December 2022 and February 2023.
Johnson's lawsuit centers around multiple barriers he encountered at Guitar Wars, which he asserts violated both federal and state disability rights laws. According to the complaint, Johnson visited the store with the intention of purchasing gifts but faced significant challenges due to his reliance on a wheelchair. He alleges that the store's aisles were too narrow for safe navigation, as merchandise was placed in paths meant for customers, thereby violating ADA standards requiring clear passageways. Additionally, Johnson points out that the sales counter was higher than legally permissible for accessibility, forcing him to use his lap as a makeshift counter—a difficult task given his limited mobility.
The plaintiff argues that these conditions have persisted due to either policy failures or systemic negligence by Hernandez and other responsible parties. He emphasizes that such barriers are not only unlawful but also unnecessary since they could be easily rectified without substantial cost or effort. Johnson is seeking permanent injunctive relief from the court to compel Guitar Wars to remove all existing architectural barriers within a specified timeframe. This includes ensuring accessible routes inside the store and modifying sales counters to accommodate wheelchair users.
In addition to injunctive relief, Johnson seeks damages under the Unruh Civil Rights Act for each instance he was denied full access to Guitar Wars' amenities. He also requests attorney fees and litigation expenses as part of his compensation. As an advocate for disability rights who has filed numerous similar cases over the past year, Johnson intends to hold businesses accountable for compliance with accessibility laws while promoting broader societal benefits through barrier removal.
Representing Scott Johnson is Sara Johnson from Seabock Price APC law firm. The case is being reviewed by Judge C. Roman under Case ID 24CV449110 in Santa Clara County's Superior Court.