Scott Johnson, a California resident with disabilities, has filed a lawsuit against Balboa Plaza Limited and Flamingo's Company, Inc., alleging violations of the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act. The complaint was filed on October 29, 2024, in the Superior Court of California, County of Santa Clara. Johnson claims that during his visit to Flamingo's restaurant in San Jose in December 2022, he encountered numerous barriers that made the facility inaccessible to individuals with disabilities.
The lawsuit details how Johnson, who uses a wheelchair due to a spinal injury, faced significant challenges at the restaurant located at 469 Saratoga Avenue. Despite being open to the public and classified as a place of public accommodation under both federal and state laws, Flamingo's allegedly failed to provide accessible restrooms and other necessary accommodations for disabled patrons. According to Johnson’s complaint, "Defendants have failed to provide and/or maintain in working and usable condition those features required to provide ready access to persons with disabilities."
Johnson recounts specific obstacles he encountered during his visit on December 21, 2022. These included restroom doors that were too narrow for his wheelchair, knob-style door hardware requiring tight grasping and twisting, and restroom amenities like sinks and mirrors mounted too high for wheelchair users. He also noted the absence of adequate grab bars in the restroom facilities. These conditions not only violated ADA standards but also caused physical discomfort and frustration for Johnson.
As part of his legal action, Johnson is seeking injunctive relief requiring the defendants to remove all architectural barriers within a specified timeframe or offer alternative methods if full compliance is not immediately achievable. He emphasizes that many of these barriers could be easily remedied through minor modifications such as replacing door hardware or adjusting fixture heights—actions that should have been taken long ago given that the ADA has been in effect since 1990.
In addition to injunctive relief aimed at ensuring future compliance with accessibility laws, Johnson seeks damages under the Unruh Civil Rights Act. This includes actual damages subject to proof as well as statutory minimum damages for each instance he was denied full access due to non-compliance by Flamingo's. Furthermore, he requests reasonable attorney fees and litigation expenses.
Representing Scott Johnson are attorneys from Seabock Price APC: Amanda Seabock, Dennis Price, and Aaina Duggal. The case is presided over by Judge C. Roman under Case ID 24C0V450535.