A California resident with physical disabilities has filed a lawsuit against a local motel, alleging violations of the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act. The complaint was filed by Andy Martin in the Superior Court of California, Ventura County, on August 14, 2024, targeting Dilnik, Inc., the owner of the motel.
According to the court documents, Andy Martin is a paraplegic who relies on a wheelchair for mobility. On May 22, 2024, he visited a motel located at 3135 E. Main Street in Ventura but encountered significant accessibility barriers that prevented him from fully utilizing the facilities. Specifically, Martin alleges that the motel's parking lot lacked designated van-accessible handicapped parking spots with adjacent access aisles and corresponding signage. This omission made it difficult for him to park and access the motel as any other patron would.
The complaint details how this lack of accessible parking caused Martin "difficulty, discomfort, and embarrassment," effectively denying him full and equal access to the public accommodation. Martin asserts that these barriers are not only illegal but also easily removable without much difficulty or expense. He references Department of Justice guidelines which identify such barriers as presumably readily achievable to remove.
Martin further claims that he intends to return to the motel but will be deterred from doing so until these violations are corrected. He believes there may be additional ADA violations at the site and plans to amend his complaint after conducting a thorough inspection.
The plaintiff seeks injunctive relief compelling Dilnik, Inc., to comply with ADA standards and the Unruh Civil Rights Act. He is also asking for statutory damages under California law amounting to at least $4,000 per violation along with reasonable attorney’s fees and litigation costs.
Representing Andy Martin is attorney Dayton Magallanes from Moorpark, CA. The case has been assigned Case No. 2024CUCR028589 in Ventura Superior Court.