Scott Johnson, a disabled individual, has filed a lawsuit against the owners of Babo Boba Cafe 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 16, 2025. Johnson accuses Jonathan and Jessica Hongpananon, along with unnamed defendants, of failing to ensure accessibility at their Cupertino establishment.
The case revolves around Johnson's visit to Babo Boba Cafe in November 2024. As someone who uses a wheelchair due to a spinal injury, Johnson encountered significant barriers that impeded his access to the cafe's amenities. "These are not just small or 'technical' violations but actual barriers to access," states the complaint. Specifically, Johnson highlights issues with both indoor and outdoor dining tables that lacked necessary knee and toe clearance for wheelchair users. Additionally, he points out that the restrooms were not compliant with ADA standards due to obstructions like a trash can interfering with required maneuvering space.
Johnson argues that these barriers violate federal and state laws designed to protect individuals with disabilities. The ADA mandates that public accommodations provide equal access to facilities and services for people with disabilities. Similarly, California's Unruh Civil Rights Act ensures full and equal accommodations for all individuals within the state. Johnson asserts that the cafe's failure to comply with these laws is discriminatory and has caused him discomfort and inconvenience.
In his lawsuit, Johnson seeks various forms of relief from the court. He requests permanent injunctive relief compelling the defendants to remove all architectural barriers within 90 days or another date deemed appropriate by the court. This includes installing compliant dining surfaces both inside and outside the cafe as well as ensuring fully accessible restroom facilities. Furthermore, he demands regular Certified Access Specialist (CASp) inspections of the facility to verify ongoing compliance with ADA standards.
Johnson also seeks monetary damages under the Unruh Civil Rights Act for each occasion he was denied full access to the cafe's amenities. He requests treble actual damages or statutory minimum damages prescribed by law along with reasonable attorney fees and litigation expenses.
Representing Scott Johnson in this case is Sara Johnson from Seabock Price APC law firm based in Pasadena, California. The case has been assigned Case Number 25CV456697 in front of Judge T. Phan at Santa Clara County Superior Court.