A California resident with physical disabilities has filed a lawsuit against a local hospitality company, alleging violations of accessibility laws. The complaint was submitted by Andy Martin on August 14, 2024, in the Ventura Superior Court against Silver Sand Hospitality LLC.
According to the court documents, Andy Martin, who is paraplegic and uses a wheelchair for mobility, encountered significant barriers when attempting to access the parking lot of a motel owned by Silver Sand Hospitality LLC on April 24, 2024. The plaintiff asserts that the motel failed to provide the required number of designated van-accessible handicapped parking spots with adjacent access aisles and proper signage. This lack of accessible facilities caused Martin "difficulty, discomfort, and embarrassment," preventing him from booking a room like any other patron.
Martin's complaint highlights that he was visiting family in the area and intended to use the motel's services but was deterred due to these accessibility issues. He claims that these barriers are easily removable without much difficulty or expense and that their presence violates both state and federal laws designed to protect individuals with disabilities. Specifically, Martin cites violations of the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act.
The plaintiff is seeking injunctive relief to compel Silver Sand Hospitality LLC to comply with accessibility standards under the Unruh Civil Rights Act. Additionally, Martin seeks damages under this act, which includes actual damages and a statutory minimum of $4,000. He also requests reasonable attorney’s fees, litigation expenses, and costs of suit pursuant to California Civil Code § 52.
Representing Andy Martin is attorney Dayton Magallanes from the Law Offices of Dayton Magallanes. The case has been assigned Case No. 2024CUCR028597 in Ventura Superior Court.