A lawsuit has been filed against a local restaurant, alleging significant violations of accessibility laws designed to protect individuals with disabilities. Scott Johnson, the plaintiff, filed the complaint on November 14, 2024, in the Superior Court of California, County of Santa Clara, against Vivian Thoi, Tommy Thoi, and Leungroup Inc. The lawsuit claims that the defendants have failed to comply with the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act by not providing adequate access for disabled patrons at their establishment.
Scott Johnson's complaint centers around his visits to Leung Noodle located at 3005 Silver Creek Rd STE 130 in San Jose, California. During his visits in November 2022 and February 2023, Johnson encountered several barriers that hindered his ability to access and enjoy the restaurant's amenities. As a wheelchair user due to a spinal injury, Johnson requires accessible facilities to ensure comfort and safety. However, he found that the dining tables at Leung Noodle were non-compliant with ADA standards as they lacked proper knee and toe clearance necessary for wheelchair users. Additionally, pathways within the restaurant were obstructed or too narrow for safe navigation.
Johnson's legal action seeks to address these accessibility issues by compelling the defendants to make necessary modifications to their premises. He is asking for permanent injunctive relief requiring the removal of architectural barriers within a specified timeframe. Furthermore, he requests that the defendants implement policies ensuring ongoing compliance with accessibility laws through regular inspections and employee training.
The plaintiff argues that these barriers are easily removable without significant difficulty or expense and emphasizes that accessible tables can be purchased affordably from various vendors. Johnson also highlights systemic failures in maintaining clear paths of travel within the restaurant as contributing factors to non-compliance.
In addition to seeking injunctive relief, Johnson is pursuing damages under both federal and state law. He asserts that each instance where he was denied full access entitles him to actual damages or statutory penalties under the Unruh Civil Rights Act. Moreover, he seeks reasonable attorney fees and litigation expenses as part of his claim.
Representing Scott Johnson in this case are attorneys Dennis Price and Aaina Duggal from Seabock Price APC based in Pasadena, California. The case is being reviewed by Judge J. Nguyen under Case ID 24CV451777.