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NORTHERN CALIFORNIA RECORD

Tuesday, November 12, 2024

Disabled Advocate Sues Restaurant Chain PK Bowl LLC Over Accessibility Violations

State Court
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Scott Johnson, a resident of Sacramento County, California, has filed a lawsuit against PK Bowl LLC and unnamed defendants for alleged violations of the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act. The complaint was submitted on October 31, 2024, in the Superior Court of California, County of Santa Clara. Johnson claims that the restaurant operated by PK Bowl LLC failed to provide necessary accommodations for individuals with disabilities.

The lawsuit stems from an incident on November 30, 2022, when Scott Johnson visited the Bowl K restaurant located at 1780 Story Road #20 in San Jose, California. Johnson, who suffers from a spinal injury and uses a wheelchair for mobility, alleges that he encountered significant barriers to access during his visit. According to the complaint, these barriers included inaccessible dining tables and counters that did not meet ADA standards for height and clearance. "Plaintiff tried to use the table marked with the ISA but found it too difficult," states the complaint. As a result of these accessibility issues, Johnson was forced to take his meal to go rather than dine comfortably at the restaurant.

Johnson's legal team argues that PK Bowl LLC has failed in its obligation to ensure compliance with both federal and state accessibility laws. The plaintiff asserts that accessible dining surfaces are readily available from various vendors at minimal cost and should have been installed long ago. The lawsuit emphasizes that removing such barriers is not only required by law but also beneficial to California's tourism industry and residents alike.

In seeking relief from the court, Scott Johnson requests several forms of judgment against PK Bowl LLC. These include a determination of liability under both the ADA and Unruh Civil Rights Act; permanent injunctive relief requiring removal of all architectural barriers within 90 days; biennial Certified Access Specialist inspections; implementation of accessibility policies; annual employee training on disability accommodations; actual damages subject to proof under state law; treble actual damages or statutory minimum damages for each occasion he was denied full access; reasonable attorney fees; litigation expenses; and costs associated with pursuing this case.

The case is being handled by attorneys Christopher A. Seabock and Sara Johnson from Seabock Price APC law firm based in Pasadena, California. The case ID is 24CV450777 and it will be presided over by judges from the Superior Court of California in Santa Clara County.

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