LOS ANGELES (BRAIN) — A paraplegic man is suing a bike shop owner here because he says the business did not have a required ramp to enter the store. Angel Garcia filed the lawsuit in U.S. District Court Central District of California against Martin Villarruel, owner of Martin Bicycle Shop Corp., on Thursday.
According to the lawsuit, Garcia attempted to enter the shop in June before encountering "a number of barriers that interfered with his ability to use and enjoy the goods, services, privileges, and accommodations offered at the business."
The lawsuit alleges that Martin Bicycle Shop did not maintain accessibility for disabled people, and failed to comply with federal and state standards because the only way to enter requires walking over a step.
Garcia was denied the civil rights of a disabled person in accordance with the Americans with Disabilities Act, California's Unruh Civil Rights Act, California's Disabled Persons Act, and California Health and Safety Code, according to the lawsuit. "Based on the violations, plaintiff alleges, on information and belief, that there are additional barriers to accessibility at the business after further site inspection."
It's also alleged that Martin Bicycle Shop knew the violations made the shop inaccessible to physically disabled customers.
Garcia asks for a jury trial and:
- An injunction directing Martin Bicycle Shop to comply with the Americans with Disability Act and the Unruh Civil Rights Act.
- The award of all damages — including statutory, general, and treble — in amounts according to proof.
- The award of all reasonable restitution for Martin Bicycle Shop unfair competition practices.
- Reasonable attorney's fees, litigation costs, and costs of the lawsuit.
- Prejudgment interest pursuant to California Civil Code.
- Other relief as the court considers proper.
Villarruel told BRAIN on Friday that because he does not speak fluent English, he would have someone else return the call for comment. As of Monday, no representative of the shop had commented.
