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SOUTHERN CALIFORNIA RECORD

Thursday, September 19, 2024

Plaintiff Alleges Local Business Violated Disability Access Laws

State Court
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A recent court filing has brought to light serious allegations of discrimination against a local business, highlighting ongoing issues of accessibility for individuals with disabilities. On August 23, 2024, Andy Martin filed a complaint in the Ventura Superior Court against Stuart Enterprises, LLC, accusing the company of violating several laws designed to protect the rights of disabled individuals.

According to the complaint filed by Martin's attorney, Dayton Magallanes, Stuart Enterprises owns a parking lot serving a plant nursery located at 5016 Calle Cuesta in Camarillo, California. The plaintiff, Andy Martin, is a paraplegic who relies on a wheelchair for mobility. On June 1, 2024, Martin visited the nursery with the intention of shopping for plants and trees but encountered significant barriers that prevented him from accessing the facility fully and equally.

The lawsuit alleges that Stuart Enterprises failed to provide the required number of designated van-accessible handicapped parking spots with adjacent access aisles and corresponding signage. This failure is said to have caused Martin "difficulty, discomfort, and embarrassment." The complaint states that these architectural barriers denied Martin full and equal access to the nursery's facilities. Furthermore, it asserts that such barriers are easily removable without much difficulty or expense.

Martin's complaint cites multiple violations of both federal and state laws. Specifically, it mentions breaches of the Americans with Disabilities Act (ADA) of 1990 and various sections of California’s Civil Code. The ADA mandates that public accommodations must ensure their facilities are accessible to individuals with disabilities. According to the complaint: "The lack of required van accessible handicapped parking space with adjacent 96” access aisle and corresponding signage is a violation of the law."

In addition to seeking injunctive relief compelling Stuart Enterprises to comply with accessibility laws under the Unruh Civil Rights Act, Martin is also asking for damages amounting to at least $4,000 as stipulated by California law. He further seeks reasonable attorney’s fees and litigation expenses.

This case underscores ongoing challenges faced by disabled individuals in accessing public accommodations. Despite clear legal requirements for accessibility under both federal and state laws, many businesses continue to fall short in providing equal access. The outcome of this case could serve as an important precedent for future litigation concerning disability rights.

The case is being handled by Attorney Dayton Magallanes from his law offices located in Moorpark, CA. The matter has been assigned Case No. 2024CUCR029286 in Ventura Superior Court.

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