RUTHERFORD v. 141 N. ALVARADO, LLC

Plaintiff was unable to independently identify the material accessible features of the Hotel and guest rooms of the Subject Property and Business, owned and operated by Defendants.

• Unruh Civil Rights Act, California Civil Code § 51 et seq.
• Declaratory Relief 

• A preliminary and permanent injunction enjoining Defendants from further violations of the Unruh Act, Civil Code ) 51 et seq. requiring Defendants to take the steps
  necessary to ensure that Defendants maintain and implement policies and procedures: a. Allow persons with mobility impairments to independently identify
  accessible features of Defendants'otel as required by 28 CFR ( 36.302(e)(1)(ii).,
  b. Allow persons with mobility impairments to independently reserve accessible rooms in the hotel as required by 28 CFR II 36.302(e)(1)(i);
  c. Hold reserved accessible rooms for use by persons with mobility impairments, as required by 28 CFR ) 36.302(e)(1)(iii);
  d. Block and remove reviewed accessible rooms from all reservations systems as required by 28 CFR ) 36.302(e)(1)(iv);
  e. Guarantee that the specific accessible guest room reserved is held for that reserving customer, regardless of whether a specific room is held in response to reservations made by others as required by 28 CFR lj
  36.302(e)(1')(v}; and If any of the preceding conditions are not implemented within 120 days of service of the Summons and Complaint, Defendants shall cease accepting any and all reservations via the Website that are processed in an unlawful and discriminatory manner, including those that violate 28
  CFR II 36.302 (e}, until Defendants can show that its reservations service has been brought into compliance with applicable laws.
• A declaration that since March 15, 2012, Defendants discriminated against persons with mobility impairments by failing to ensure that Defendants'eservations service
  offered through the Website allowed persons with mobility impairments to independently identify accessible features of Defendants'otel and rooms and independently reserve
  6 accessible rooms in the Hotel, and that Defendants did not comply with the requirements of 27 CFR Section 36.302(e)(1) et seq. in violation of Title 111 of the Americans with Disabilities Act, 42 8 U.S.C. Section 12181 et seq.as amended by the ADA Amendments Act of 2008 (P.L. 110-325), 28 CFR Section 36.302(e)(1) et seq., and California's Unruh Act, California Civil Code  Section  51-524
• Statutory damages pursuant to California Civil Code Ij 52(a), for each and every violation of law;
• Plaintiff hereby expressly limits the injunctive relief to require that Defendants expend no more than $50,000 thereon;
• Plaintiff seeks no relief related to any architectural barriers to access in this policies Complaint and expressly limits all claims to injunctive relief to modifications of
  Defendants' procedures related to the Website,
• For attorneys' fees and expenses pursuant to all applicable laws including, without limitation, Civil Code Section 52(a);
• An order awarding Plaintiff's post-judgment interest; and
  20 8. For such other and further relief as this Court deems just and proper.