A California resident has filed a lawsuit alleging significant violations of accessibility laws at a local business. Scott Johnson, the plaintiff, submitted the complaint on October 17, 2024, in the Superior Court of California, County of Santa Clara, against Christopher C. Brown and Deborah J. Brown, co-trustees of the Brown Living Trust Dated June 28, 2001; The Elegant Penguin, Inc.; and Does 1-10.
The lawsuit stems from Johnson's visits to Tuxedo Fashions located at 363 Meridian Avenue in San Jose in November 2022 and February 2023. During these visits, Johnson claims he encountered multiple barriers that hindered his access as a wheelchair user. According to the complaint, these barriers included non-compliant parking spaces and entrance doors that were not accessible for individuals with disabilities. "Despite offering three parking spaces," Johnson noted in his complaint, "Tuxedo Fashions failed to provide a van-accessible parking space." Furthermore, he detailed how the entrance door handles required a tight grip or pinching motion which is difficult for someone with limited dexterity like himself.
Johnson also pointed out issues with the sales and service counters being too high for wheelchair users to comfortably use. He stated that during his visit on November 15, 2022, he had to use his lap as a counter due to the height of the point-of-sale device being more than 46 inches above the floor level. This experience caused him significant discomfort and frustration.
The plaintiff argues that these conditions are in violation of both federal and state laws designed to protect individuals with disabilities from discrimination. Specifically, he cites breaches of the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act. Under these laws, businesses are required to ensure their facilities are accessible to people with disabilities by removing architectural barriers where feasible or providing alternative methods if removal is not possible.
Johnson is seeking several forms of relief from the court including an injunction requiring Tuxedo Fashions to remove all existing architectural barriers within ninety days or another date deemed appropriate by the court. He also requests modifications such as installing compliant entrance doors and sales counters at accessible heights along with implementing regular inspections for ongoing compliance with ADA standards.
In addition to injunctive relief aimed at improving accessibility at Tuxedo Fashions' premises permanently through structural changes or policy adjustments where necessary; Johnson seeks monetary damages under California’s Unruh Civil Rights Act which allows plaintiffs statutory minimum damages per incident when denied full access due their disability status alongside reasonable attorney fees litigation expenses costs suit pursuant U.S.C §12205 Cal Civ Code §52.
Representing Scott Johnson in this case are attorneys Dennis Price (SBN:279082) Aaina Duggal (SBN:333681) from Seabock Price APC based Pasadena CA while reviewing overseeing proceedings Judge M Arechiga assigned Case Number:24CV449762