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Disabled Veteran Alleges Discrimination by Auto Dealer Under Unruh Civil Rights Act

NORTHERN CALIFORNIA RECORD

Sunday, December 22, 2024

Disabled Veteran Alleges Discrimination by Auto Dealer Under Unruh Civil Rights Act

State Court
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Judge Roger Chan | Archdiocese of San Francisco

Charles E. Smith, a physically disabled veteran, has filed a lawsuit against Anderson Enterprises, Inc., alleging violations of the Unruh Civil Rights Act due to discriminatory practices at their San Francisco location. The complaint was lodged on November 5, 2024, in the Superior Court of California, County of San Francisco. Smith claims that Anderson Enterprises failed to provide accessible parking for disabled individuals on two separate occasions.

The lawsuit details incidents occurring on June 24 and September 17, 2023, when Smith attempted to visit Anderson Enterprises' business at 285 South Van Ness Avenue in San Francisco. According to the complaint, the sole ADA-compliant parking space and adjacent walkway were obstructed by vehicles for sale and an employee's motorcycle. This obstruction allegedly prevented Smith from accessing the business premises. Smith asserts that these actions were deliberate and constituted a breach of his rights under California Civil Code Section 51.

Smith is seeking injunctive relief to ensure that Anderson Enterprises maintains clear access to ADA parking spaces in compliance with the Unruh Civil Rights Act. Additionally, he requests declaratory relief affirming that his rights were violated and seeks general damages amounting to $36,000 for the discrimination faced.

The case is being handled by Charles E. Smith himself as he is representing himself pro se. The presiding judge in this matter has not been named yet but will be from the Superior Court of California, County of San Francisco. The case identification number is BC-24-819530.

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