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Chapman v. La Cocina Economica

United States District Court, E.D. California

June 28, 2017

BYRON CHAPMAN, Plaintiff,
v.
LA COCINA ECONOMICA, et al., Defendants.

          Byron Chapman, Plaintiff (original signature on file with the Court and attorney Thomas E. Frankovich).

          Warren Nelson, Defendant (original signature on file with the Court and attorney Thomas E. Frankovich).

          Nancy Nelson, Defendant (original signature on file with the Court and attorney Thomas E. Frankovich).

          Christopher DiGiovanna, an individual dba La Cocina Economica, Defendant (original signature on file with the Court and attorney Thomas E. Frankovich).

          CONSENT DECREE

          CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE.

         Summary of Plaintiff's Allegations:

         Whereas, Plaintiff Byron Chapman filed this action against Defendants La Cocina Economica, Warren Nelson, Nancy Nelson, and Christopher DiGiovanna (hereinafter collectively referred to as the “Parties”) for violations of the Americans with Disabilities Act of 1990, U.S.C. 12101 et seq.; and

         Whereas, Plaintiff alleged that on June 2, 2015, May 7, 2016, and July 5, 2016 (and deterred thereafter), he was an invitee, guest, patron, and customer at La Cocina Economica, a restaurant, business, and place of public accommodation owned and operated by the defendants; and

         Whereas, on those occasions, Plaintiff alleges that he encountered one or all of the following architectural barriers to access at the subject La Cocina:

a. Lack of a van accessible parking space, including accessible/clearly defined access aisle and proper signage;
b. Lack of an accessible entrance;
c. Lack of accessible service counters: Ordering/transaction, pick-up counter, and condiment counter;
d. Lack of an accessible drink dispensing area where all operating equipment is no higher than ...

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