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Plaintiff Alleges Café Operator Violated Disability Access Laws

NORTHERN CALIFORNIA RECORD

Wednesday, January 29, 2025

Plaintiff Alleges Café Operator Violated Disability Access Laws

State Court
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Santa Clara County Court House | Official Website

Scott Johnson, a disabled individual and advocate for disability rights, has filed a lawsuit against Kronos, LLC for alleged 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 January 13, 2025. Johnson claims that Café Dio, operated by Kronos, LLC in Los Gatos, California, failed to provide necessary accommodations for individuals with disabilities during his visit in November 2024.

The lawsuit details several accessibility barriers encountered by Johnson at Café Dio. According to the complaint, Johnson uses a wheelchair due to a spinal injury and experienced significant challenges accessing both indoor and outdoor seating areas at the café. He alleges that none of the five outdoor tables were accessible due to their design, which included cross-shaped bases that hindered knee and toe clearance required for wheelchair users. Furthermore, indoor seating options were similarly inaccessible due to high counters and inadequate table designs.

Johnson's legal action emphasizes that these barriers not only contravene ADA standards but also infringe upon state laws aimed at ensuring equal access for individuals with disabilities. "Plaintiff seeks removal of all barriers to access pertaining to his disability," states the complaint. It further asserts that such modifications are "easily removed without much difficulty or expense" and should have been addressed given the ADA's long-standing existence since 1990.

In addition to physical barriers, Johnson points out an inaccessible route leading to the café's patio area caused by improperly placed fixtures narrowing passageways crucial for safe navigation by wheelchair users. Despite these obstacles, he managed to make a purchase but argues that the experience was marred by discomfort and potential risk of injury.

The plaintiff is seeking various forms of relief from the court including permanent injunctive relief mandating Kronos, LLC to remove existing architectural barriers within a specified timeframe or through alternative methods if full compliance is not immediately feasible. Additionally, Johnson requests biennial Certified Access Specialist inspections to ensure ongoing ADA compliance as well as policy changes and employee training focused on providing equitable service to customers with disabilities.

Representing Scott Johnson are attorneys Amanda Seabock and Aaina Duggal from Seabock Price APC based in Pasadena, California. The case is being reviewed under Case Number 25CV456428 with Judge J. Nguyen presiding over proceedings.

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