Rodriguez

FINDINGS OF FACT AND CONCLUSIONS OF LAW

I.INTRODUCTION

In September 2009, plaintiff Armando Rodriguez, an individual who requires a wheelchair for mobility, filed this action against defendants Barrita Inc., Nicandro Barrita, ENS Associates Investments LLC, and Masoud Shahidi. In his First Amended Complaint (FAC), Rodriguez alleges that defendants violated the Americans with Disabilities Act of 1990 (“ADA”), the California Disabled Persons Act, and the Unruh Act. In particular, he claims defendants discriminated against him by failing to remove architectural barriers to access at La Victoria Taquería, a restaurant in San Jose, California. Rodriguez seeks injunctive relief, damages, and attorney fees and costs.

A bench trial was held in October 2013. This order, which is based upon the evidence presented at trial, the oral arguments of counsel, and the parties’ briefs, comprises the findings of fact and conclusions of law required by Federal Rule of Civil Procedure 52(a). 1 As set forth below, Rodriguez prevails on some, but not all, of his allegations. As an initial matter, several alleged barriers are not actionable. Defendants are liable, however, with respect to all sixteen…