Scott Johnson, a disabled individual and advocate for disability rights, has filed a lawsuit against the owner of Ume Chinese Food in San Jose, California, 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 Guandong Zhang, the owner or operator of Ume Chinese Food, failed to ensure that the restaurant's facilities were accessible to individuals with disabilities.
According to the complaint, Scott Johnson visited Ume Chinese Food on two occasions—November 17, 2022, and February 8, 2023—and encountered significant barriers to access due to his wheelchair use. He alleges that both indoor and outdoor dining tables at the restaurant did not meet ADA standards for accessibility. Specifically, Johnson points out that the tables lacked adequate knee and toe clearance required for wheelchair users to dine comfortably. "The legs are fewer than 30 inches apart and do not provide the required knee and toe clearance," states Johnson in his complaint.
Johnson further asserts that these accessibility issues have caused him discomfort and inconvenience during his visits. Despite these challenges, he managed to make purchases at Ume Chinese Food but had to take his food to go due to the inadequate seating arrangements. He believes these conditions persist because of either a policy failure or systematic negligence by Zhang and other unnamed defendants who own or operate Ume Chinese Food.
The plaintiff seeks several forms of relief from the court. He requests a permanent injunction requiring Zhang and other defendants to remove all architectural barriers within 90 days or another reasonable timeframe determined by the court. This includes installing compliant dining surfaces both inside and outside the restaurant. Additionally, Johnson seeks injunctive relief mandating biennial Certified Access Specialist (CASp) inspections of Ume Chinese Food's facilities to ensure ongoing compliance with ADA standards.
Furthermore, Johnson demands actual damages under the Unruh Civil Rights Act along with treble damages or statutory minimum damages for each instance he was denied full access. He also seeks reasonable attorney fees and litigation expenses as part of his legal action against Zhang.
Representing Scott Johnson in this case is Christopher A. Seabock from Seabock Price APC law firm based in Pasadena, California. The case is being reviewed by Judge M. Arechiga under Case ID: 24CV450520 at the Superior Court of California in Santa Clara County.