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Court reinstates ADA claim against California restaurant

Posted On: Jan. 18, 2023 1:18 PM CST


A federal appeals court on Tuesday reinstated an Americans with Disabilities Act claim against a Compton, California, restaurant. 

George Jones, who has lost function on the left side of his body because of brain strokes and relies on a cane, sued Sinaloence Food Products & Services Inc., which operates Tacos El Sinaloence, in U.S. District Court in Pasadena charging the restaurant had failed to comply with California access standards, according to the ruling by the 9th U.S. Circuit Court of Appeals in San Francisco in George Jones v. Sinaloence Food Products and Services Inc.

The district court dismissed the case against the restaurant, which was not represented by an attorney.

The case was reinstated by a three-judge appeals court panel.  Because Mr. Jones submitted a declaration stating he had visited the premises and personally encountered barriers related to his disability that deterred him from returning, the district court erred in concluding he did not have standing to seek relief under the ADA, the panel ruled.

The case was remanded to the lower court to consider Mr. Jones’ motion for a default judgment.

Plaintiff's attorneys did not respond to a request for comment.

In October, a federal appeals court reinstated a discrimination lawsuit against a hotel filed by a self-proclaimed “tester,” who has filed hundreds of comparable lawsuits.