Langer

Langer v. Vergara

Good Law
United States District Court, Southern District of CaliforniaNovember 16, 20203:18-cv-02401California3,183 words

Opinion

Trial Court Opinion

I. BACKGROUND

25 Plaintiff is a paraplegic who uses a wheelchair for mobility. He has a specially 26 equipped van with a ramp that deploys from the passenger side of the van to 27 accommodate his wheelchair. Baja California Cycle (or “BCC”) is a business 28 establishment and place of public accommodation in Chula Vista, California. On October 11, 2018, Plaintiff went to Baja California Cycle to shop, as well as to assess the business’ compliance with disability access laws. According to Plaintiff, Baja California Cycle has a parking lot with spaces available for customers. (Motion at 2). At the time of his visit, Plaintiff observed that one parking stall had a faded blue line next to the space, along with a very faded International Symbol of Accessibility (“ISA”) painted on the surface of the stall. (Id.) However, the parking space did not have any signage indicating it was “van accessible.” More importantly, the adjacent access aisle did not have “NO PARKING” painted on it, therefore Plaintiff did not have any safe way to park because if he parked in the ISA space, someone could park next to him which would trap him out of his…

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