Mohamad

Gilbert v. Mohamad

Good Law
United States District Court, Eastern District of CaliforniaMay 2, 20231:22-cv-00554California7,472 words

Opinion

Trial Court Opinion

I. BACKGROUND

22 a. Procedural History 23 Plaintiff filed this case on May 6, 2022, alleging that Defendants violated the Americans 24 with Disabilities Act (the ADA), 42 U.S.C. §§ 12101 et seq.; California’s Unruh Civil Rights Act 25 (the Unruh Act), California Civil Code § 51, et seq.; and California Health and Safety Code 26 §§ 19955(a), 19959. (ECF No. 1). Specifically, Plaintiff alleges as follows: 27 He is substantially limited in his ability to walk and must use a wheelchair, knee scooter, 28 or prosthetic for mobility. Around December 18, 2021, he visited Olsen’s Gas & Liquor in Modesto, California to buy refreshments, encountering the following barriers: (1) he could not locate a designated accessible parking space even though the store offered customer parking with marked stalls and as a result had to park in a standard parking stall that lacked an access aisle; (2) he found the ramp leading up to the store’s entrance to be too steep to safely ascend while using 5 his prosthetic because the ramp and landing were narrow and there was a large drop-off with no 6 edge protection or handrails. Because of these barriers, he was, and is, deterred from visiting…

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