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Plaintiff Alleges Local Restaurant Violated Disability Access Laws

NORTHERN CALIFORNIA RECORD

Friday, November 22, 2024

Plaintiff Alleges Local Restaurant Violated Disability Access Laws

State Court
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Scott Johnson, a disabled individual and advocate for disability rights, has filed a lawsuit against Cali Sandwiches and Coffee LLC, alleging violations of the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act. The complaint was lodged in the Superior Court of California, County of Santa Clara on October 31, 2024. Johnson accuses Cali Sandwiches of failing to provide adequate accessibility at their San Jose location.

Johnson's legal action stems from two visits he made to Cali Sandwiches in December 2022. During these visits, he encountered several barriers that impeded his access as a wheelchair user. According to the complaint, these included an uneven entrance threshold with a raised lip, loose mats inside the entrance, and non-compliant dining tables that lacked necessary knee and toe clearance. "These are not just small or 'technical' violations," Johnson asserts in his filing, "but actual barriers to access." He further alleges that these conditions caused him discomfort and forced him to take his order to-go instead of dining in.

The plaintiff argues that such barriers are easily removable without significant difficulty or expense and should have been addressed long ago given the ADA's existence since 1990. Johnson seeks not only removal of these physical barriers but also changes in policy to prevent future violations. He emphasizes that compliance is not only a legal obligation but also benefits California's large population of individuals with mobility disabilities and its thriving tourism industry.

Johnson is seeking various forms of relief from the court. These include a permanent injunction requiring Cali Sandwiches to remove all architectural barriers within 90 days of judgment or another date deemed appropriate by the court. He also requests injunctive relief mandating biennial Certified Access Specialist inspections for ongoing ADA compliance and annual employee training on accessibility policies. Additionally, Johnson seeks actual damages under the Unruh Civil Rights Act along with treble damages or statutory minimums for each instance he was denied full access.

Representing Scott Johnson in this case is attorney Aaina Duggal from Seabock Price APC. The case has been assigned Case ID 24CV450737 in front of Judge P. Hernandez at the Superior Court of California, County of Santa Clara.

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