A California resident has filed a lawsuit against a Delaware-based company, alleging violations of the Unruh Civil Rights Act. The complaint was filed by Anthony Bouyer in the Superior Court of California, County of Ventura, on August 9, 2024, against Centerpoint Mall, LLC.
Anthony Bouyer, who relies on leg braces and a wheelchair for mobility due to significant physical limitations, visited the property located at 2811 Saviers Rd, Oxnard, CA on December 27, 2023. During his visit to a Subway restaurant situated within the property owned by Centerpoint Mall, LLC, Bouyer encountered several accessibility barriers that he claims violate both the Americans with Disabilities Act (ADA) and the Unruh Civil Rights Act (UCRA). According to Bouyer's complaint, these barriers included excessively sloped accessible parking spaces and pathways leading to the business entrance that did not comply with ADA standards.
Bouyer asserts that these conditions prevented him from enjoying full and equal access to the business establishment. He alleges that Centerpoint Mall, LLC failed to maintain accessible facilities and did not have policies in place to ensure compliance with ADA standards. "Plaintiff personally encountered these barriers," states the complaint, emphasizing how these obstacles directly impacted his ability to patronize the business. Bouyer also points out that he is deterred from returning to the business until it becomes fully accessible.
The plaintiff seeks multiple forms of relief from the court. He requests a declaratory judgment affirming that Centerpoint Mall, LLC discriminated against persons with disabilities by maintaining inaccessible facilities. Additionally, Bouyer seeks preliminary and permanent injunctive relief requiring the defendants to remove all accessibility barriers. He is also asking for actual damages and statutory damages amounting to no less than $4,000 per occurrence as well as an additional $4,000 per violation as deterrence damages under California Civil Code section 55.56. Lastly, Bouyer demands reasonable attorneys' fees and litigation expenses.
Representing Anthony Bouyer is Joseph R. Manning Jr., Esq., from Manning Law APC. The case has been assigned Case No. 2024CUCRO28842 in front of Judge Brenda L. McCormick at Ventura Superior Court.