Dickinson v. Her et al

Filing 1

COMPLAINT against Amandip Her, Harjinder Her, Surinder Her ( Filing fee $ 350, receipt number 34611071464). DEMAND FOR JURY TRIAL. Filed byShayna Dickinson. (far, COURT STAFF) (Filed on 3/7/2012) (Additional attachment(s) added on 3/7/2012: # 1 Civil Cover Sheet) (far, COURT STAFF).

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Jason K. Singleton, State Bar #166170
[e-mail]
SINGLETON LAW GROUP
611 "L" Street, Suite A
Eureka, CA 95501
[phone]
FAX [phone]

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Attorney for Plaintiff, SHAYNA DICKINSON

E-filing

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA

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~ ~o·tB

SHAYNA DICKINSON,

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Plaintiff,

v.

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SURINDER HER, AMANDIP HER,
HARJINDER HER, dba LAMPLIGHTER
MOTEL, and DOES ONE to FIFTY,
inclusive,

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Civil Rights
COMPLAINT FOR INJUNCTIVE RELIEF
AND DAMAGES: DENIAL OF CIVIL Rl
OF A DISABLED PERSON IN VIOLATl
OF THE AMERICANS WITH DISABILI E
ACT OF 1990; VIOLATION OF
CALIFORNIA'S CIVIL RIGHTS STAT
JURY TRIAL REQUESTED

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___________________________)
Defendants.

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Plaintiff SHAYNA DICKINSON complains of defendants SURINDER HER, AMANDIP

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HER, HARJINDER HER, dba LAMPLIGHTER MOTEL, and DOES ONE to FIFTY, incluJive,

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and alleges as follows:

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JURISDICTION AND VENUE

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1.

The Court has jurisdiction of this action pursuant to 28 USC §1331 for violatjons

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of the Americans with Disabilities Act of 1990, (42 USC §12101, et seq.) Pursuarit to

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pendant jurisdiction, attendant and related causes of action, arising from the same facts,: are

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also brought under California law, including, but not limited to, violations of California Heplth

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& Safety Code§ 19955, et seq., including California Code of Regulations, Title 24, § 19$59,

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California Civil Code§§ 51, 51.5, 52(a), 52.1, 54, 54.1, 54.3 and 55.

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2.

Venue is proper in this court pursuant to 28 USC§ 1391 (b) and is founded onl the

COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF

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fact that the real property which is the subject of this action is located in this district, in Eureka,
Humboldt County, California, and that Plaintiffs causes of action arose in this district.
INTRODUCTION

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LAMPLIGHTER MOTEL (hereinafter "LAMPLIGHTER"} is located at 1033
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Broadway, Eureka, California. Said motel is owned and operated by defendants SURINif,>ER
HER, AMANDIP HER, HARJINDER HER, and DOES ONE to FIFTY, inclusive.

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Defendants SURINDER HER, AMANDIP HER, HARJINDER HER, and DcpES
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ONE to FIFTY, inclusive, operate an establishment for services to the public and at wjhich
Defendants failed to provide barrier free access to said establishment in conformity with poth
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Federal and California legal requirements. Further, Defendants failed to provide compli~nce

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as follows:

1.

There are no tow away signs

2.

There is a 4" step in the front of each room, including, the purported
accessible room;

3.

The ramp at the accessible parking space is non-compliant having
unmarked drop-off edges on each side;

4.

The lobby entrance door does not have accessible lever-type
hardware;

5.

The purported 1 accessible room is rented on long-term rentals, ie:
a monthly basis, and therefore is not available to traveling patrons.

6.

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Defendant's require an extra fee for a service dog.

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The above barriers interfered with Plaintiff's access of the facilities and continue to deter

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Plaintiff from visiting said facilities, and as a legal result, Plaintiff SHAYNA DICKINSON suffers

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violations of her civil rights to full and equal enjoyment of goods, services, facilities land

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privileges, and has and will suffer embarrassment and humiliation.

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FACTUAL ALLEGATIONS

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Plaintiff, SHAYNA DICKINSON, is, and at all times relevant to this Complairilt is,

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a "physically handicapped person, "physically disabled person," and a "person wi1h a

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disability," as these terms are used under California law and under federal laws including) but

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not limited to, Title Ill of the Americans with Disabilities Act of 1990. (The terms "physically

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handicapped person," "physically disabled person," and a "person with a disability" will be ~;~sed

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COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF

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interchangeably throughout this Complaint.) Plaintiff is a "person with a disability" as defined

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by all applicable California and United States' laws.

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severely limited in the use of her legs.

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6.

Plaintiff, SHAYNA DICKINSO~, is

Defendants SURINDER HER, AMANDIP HER, HARJINDER HER, and D~ES

opera~rs;

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ONE to FIFTY, inclusive, at all times relevant herein were and are the owners and

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lessors and/or lessees, franchisers and/or franchisees, of public facilities known as the

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"LAMPLIGHTER" located in Eureka, California, subject to the requirements of California s!tate

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law requiring full and equal access to public facilities pursuant to California Health & Safety

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Code §19955, et seq., California Civil Code §§51, 51.5, 52(a), 52.1, 54, 54.1, 54.3 and 55,

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and subject to Title Ill of the Americans with Disabilities Act of 1990, and to all other l+gal

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requirements referred to in this Complaint. Plaintiff does not know the relative responsibiltties

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of defendants in the operation of the facilities herein complained of, and alleges a joint venture

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and common enterprise by all such defendants.

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Defendants SURINDER HER, AMANDIP HER, HARJINDER HER, and DOES
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ONE to FIFTY, inclusive (hereinafter alternatively referred to collectively as "defendants"~, at

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all times relevant herein were and are owners, possessors, builders and keepers of jthe

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"LAMPLIGHTER" in Eureka, California.

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Defendants SURINDER HER, AMANDIP HER, HARJINDER HER, and DQES

ONE to FIFTY, inclusive are the owners and operators of the subject" LAMPLIGHTER" a~ all
times relevant to this Complaint. Plaintiff is informed and believes that each of the defendants

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herein is the agent, employee or representative of each of the other defendants, and

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performed all acts and omissions stated herein within the scope of such agency' or

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employment or representative capacity and is responsible in some manner for the acts ~nd

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omissions of the other defendants in legally causing the damages complained of herein, and

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have approved or ratified each of the acts or omissions of each other defendant, as hetein

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described.

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Plaintiff, SHAYNA DICKINSON, does not know the true names and capacities of

defendants SURINDER HER, AMANDIP HER, HARJINDER HER, and DOES ONE to FIFTY,
COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF

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inclusive, their business capacities, their ownership connection to the property and business,
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nor their relative responsibilities in causing the access violations herein complained of, i and

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alleges a joint venture and common enterprise by all such defendants. Plaintiff is informedi and

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believes that each of the defendants herein, including DOES ONE to FIFTY, inclusive, i4 the

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agent, ostensible agent, master, servant, employer, employee, representative, franc~iser,

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franchisee, joint venturer, partner, and associate, or such similar capacity, of each of the qther

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defendants, and was at all times acting and performing, or failing to act or perform, with the

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authorization, consent, permission or ratification of each of the other defendants, arid is

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responsible in some manner for the acts and omissions of the other defendants in

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le~ally

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causing the violations and damages complained of herein, and have approved or ratified ~ach

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of the acts or omissions of each other defendant, as herein described. Plaintiff will seek l~ave

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to amend this Complaint when the true names, capacities, connections and responsibilitic;ts of

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defendants SURINDER HER, AMANDIP HER, HARJINDER HER, and DOES ONE to FIFTY,

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inclusive, are ascertained.

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10.

Plaintiff is informed and believes that all named defendants, including DcpES
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ONE to FIFTY, inclusive, conspired to commit the acts described herein, or alternatively,

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aided and abetted one another in the performance of the wrongful acts hereinafter alleged.

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Defendants SURINDER HER, AMANDIP HER, HARJINDER HER, and DOES

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ONE to FIFTY, inclusive, are the owners and operators of the "LAMPLIGHTER" locate6 at

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Eureka, California.

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parking spaces and access routes, are each a part of a "public accommodation or facility"

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subject to the requirements of California Health & Safety Code §19955, et seq.,

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California Civil Code §§51, 52( a), 54, 54.1, et seq.

On information and belief, this

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"LAMPLIGHTER"

which

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"LAMPLIGHTER" to handicapped access requirements per California Health & Safety Cpde

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§19959, and applicable portions of California Code of Regulations, Title 24, (the

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Building Code).

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12.

This motel, including, but not limited to, accessible accommodatipns,

was

constructed

after

1990,

has

an~

subjected

of

the

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~ate
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On or about September 27, 2011, Plaintiff, SHAYNA DICKINSON, visited the

COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF

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"LAMPLIGHTER" in Eureka, California, for the purpose of obtaining transient lodgmg.

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Defendants SURINDER HER, AMANDIP HER, HARJINDER HER, and DOES ONE to FI~TY,
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inclusive, interfered with Plaintiffs access to the " LAMPLIGHTER" as set forth in Parag~aph

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4 above.

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Said

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acts

and

omissions

denied

Plaintiff legal

handicapped

access

to

the

"LAMPLIGHTER" according to federal and state law.
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Plaintiffs home,

now in

Eureka,

is approximately 2.5 miles from the
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"LAMPLIGHTER" in Eureka, California. Plaintiff stopped at the LAMPLIGHTER when she land

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her husband were relocating to Eureka. Plaintiff and her husband enjoy spending a night! out

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in a motel on special occasions to make them feel like they are on vacation and would retu~n to

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the "LAMPLIGHTER MOTEL" when this public accommodation is made accessible.

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14.

Plaintiff encountered and/or is informed and believes that the folloWing

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architectural barriers, which violate the requirements of the California Code of Regulations

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Title 24 and ADAAG, existed and continue to exist thereby denying Plaintiff and those similarly

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situated5full and equal access to the subject public facility as set forth in Paragraph 4 abov~.

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15.

Defendants, and each of them, discriminated against Plaintiff, SHA't1"NA

DICKINSON, on the basis of her physical disability, and interfered with her access to :the

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"LAMPLIGHTER" establishment, in violation of both California law including, but not limited to,

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California Civil Code §§51, 51.5, 54, 54.1, and a violation of Title Ill, §302, the "Prohibition of

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Discrimination" provision and §503, the "Prohibition Against Retaliation or Coercion" provi$ion

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of the Americans with Disabilities Act of 1990.

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16.

As a result of the actions and failure to act of defendants, and each of them, ~nd

as a result of the failure to provide appropriate accessible transient accommodations fqr a

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motel, Plaintiff, SHAYNA DICKINSON, suffered and will suffer a loss of her civil rights to full

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and equal access to public facilities, and further suffered and will suffer emotional

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mental distress, mental suffering, mental anguish, which includes shame,

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embarrassment, anger, chagrin, disappointment and worry, expectedly and naturally

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associated with a person with a disability being denied access to a public accommodation,, all

distr~ss,
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humiliat~on,
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COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF

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to her damages as prayed hereinafter in an amount within the jurisdiction of this court.

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FIRST CAUSE OF ACTION:
VIOLATION OF THE AMERICANS WITH DISABILITIES ACT OF 1990
(42 USC §12101 et seq.)

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17.

Plaintiff repleads and incorporates by reference, as if fully set forth again

he~ein,

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the allegations contained in paragraphs 1 through 16 of this Complaint and incorporates them

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herein as if separately repled.

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18.

Pursuant to law, in 1990 the United States Congress made findings per 42 USC

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§12101 regarding persons with physical disabilities, finding that laws were needed to more!fully

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protect 43 million Americans with one or more physical or mental disabilities; [that] historifally

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society has tended to isolate and segregate individuals with disabilities; [that] such for111s of

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discrimination against individuals with disabilities continue to be a serious and pervasive social

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problem; [that] the nation's proper goals regarding individuals with disabilities are to as~ure

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equality of opportunity, full participation, independent living and economic

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such individuals; [and that] the continuing existence of unfair and unnecessary discrimin~tion

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self-sufficienc~

for

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and prejudice denies people with disabilities the opportunity to compete on an equal basis!and

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to pursue those opportunities for which our free society is justifiably famous.
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Congress stated as its purpose in passing the Americans with Disabilities]Act
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of 1990 (42 USC §12102):
It is the purpose of this act (1) to provide a clear and comprehensive
national mandate for the elimination of discrimination against individuals with
disabilities; (2) to provide clear, strong, consistent, enforceable standards
addressing discrimination against individuals with disabilities; (3) to ensure that
the Federal government plays a central role in enforcing the standards
established in this act on behalf of individuals with disabilities; and (4) to invoke
the sweep of Congressional authority, including the power to enforce the 14th
Amendment and to regulate commerce, in order to address the major areas of
discrimination faced day to day by people with disabilities.
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As part of the Americans with Disabilities Act of 1990, Public Law 1011336
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(hereinafter the "ADA"), Congress passed "Title Ill - Public Accommodations and Serv,ces
Operated by Private Entities" (42 USC §12181, et seq.). Among the public accommodations
identified for purposes of this title were "an inn, hotel, motel, or other place of lodging ... "

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COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF

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"No individual shall be discriminated against on the basis of disability in
the full and equal enjoyment of the goods, services, facilities, privileges,
advantages, or accommodations of any place of public accommodation by any
person who owns, leases (or leases to), or operates a place of public
accommodation."

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Pursuantto42 USC§12182,

Among the general prohibitions against discrimination were included in 42 IJISC

§12182(b)(1)(A)(i):
Denial of participation. It shall be discriminatory to subject an individual
or class of individuals on the basis ofa disability or disabilities of such individual
or class, directly, or through contractual, licensing, or other arrangements, to a
denial of the opportunity of the individual or class to participate in or benefit from
the goods, services, facilities, privileges, advantages, or accommodations of an
entity.
23.

Among the general prohibitions against discrimination were included in 42 l)SC

§12182(b)(1 )(E):
Association -- It shall be discriminatory to exclude or otherwise deny
equal goods, services, facilities, privileges, advantages, accommodations, or
other opportunities to an individual or entity because of the known disability of an
individual with whom the individual or entity is known to have a relationship or
association.
The acts of defendants set forth herein were a violation of Plaintiffs rights under the ADA,
Public Law 101-336, and the regulations promulgated thereunder, 28 CFR Part 36 et seq.
24.

Among the general prohibitions against discrimination were included in 42 USC

§12182(b)(2)(A)(i) and 42 USC §12182(b)(2)(A)(ii):
Discrimination. For purposes of subsection (a), discrimination includes (i) the imposition or application of eligibility criteria that screen out or tend
to screen out an individual with a disability or any class of individuals with
disabilities from fully and equally enjoying any goods, services, facilities,
privileges, advantages, or accommodations, unless such criteria can be shown to
be necessary for the provision of the goods, services, facilities, privileges,
advantages, or accommodations being offered;
(ii) a failure to make reasonable modifications in policies, practices, or
procedures, when such modifications are necessary to afford such goods,
services, facilities, privileges, advantages, or accommodations to individuals with
disabilities, unless the entity can demonstrate that making such modifications
would fundamentally alter the nature of such goods, services, facilities,
privileges, advantages, or accommodations.

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COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF

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Plaintiff alleges that constructing the eligibility requirements, policies, practices
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and procedure for entry to the "LAMPLIGHTER" facility by persons with disabilities and their

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companions as established by the defendants can be simply modified to eliminate disp*ate

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and discriminatory treatment of persons with disabilities by properly constructing barrier :tree

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handicapped

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"LAMPLIGHTER" as that enjoyed by other people.
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access

for

safe

and

full

and

equal

enjoyment

of

' the

The specific prohibition against retaliation and coercion is included in the

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Americans With Disabilities Act of 1990 §503(b) and the Remedies and Procedurds in

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§503(c):

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(b)
Interference, Coercion, or Intimidation. - It shall be unlawful to
coerce, intimidate, threaten, or interfere with any individual in the exercise or
enjoyment of, or on account of his or her having exercised or enjoyed, or on
account of his or her having aided or encouraged any other individual in the
exercise or enjoyment of, any right granted or protected by this Act.

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(c)
Remedies and Procedure. - The remedies and procedures
available under sections 107, 203, and 308 of this Act shall be available to
aggrieved persons for violations of subsections (a) and (b), with respect to Title I,
Title II and Title Ill, respectively.

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27.

Among the specific prohibitions against discrimination were included, in 42 (JSC

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§12182(b)(2)(a)(iv), "A failure to remove architectural barriers, and communications barriers

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that are structural in nature, in existing facilities ... where such removal is readily achieva~le;"

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and (v) "where and entity can demonstrate that the removal of a barrier under clause (iv)

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readily achievable, a failure to make such goods, services, facilities, privileges, advantage$, or

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accommodations available through alternative methods if such methods are readily

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achievable." The acts of Defendants set forth herein were a violation of Plaintiffs rights urder

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the "ADA," Public Law 101-336, and the regulations promulgated thereunder, 28 CFR Part 36,

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et seq.

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not

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The removal of the barriers complained of by Plaintiff as hereinabove alleged

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were at all times after 1990 "readily achievable." On information and belief, if the removal 9f all

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the barriers complained of here together were not "readily achievable," the removal of ~ach

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individual barrier complained of herein was "readily achievable."

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29.

Per 42

USC §12181(9),

COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF

"The
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term

'readily achievable'

means

e~sily

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accomplishable and able to be carried out without much difficulty or expense." The statute and
attendant regulations define relative "expense" in relation to the total financial resources of the
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entities involved, including any "parent" companies.

Plaintiff alleges that properly repa~ring

each of the items that Plaintiff complains of herein is readily achievable, including, but! not
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limited to, correcting and repairing the items set forth in Paragraph 4 above.
The changes needed to remove barriers to access for the disabled were and : are
"readily achievable" by the defendants under standards set forth under 42 USC §12181 o~ the
Americans with Disabilities Act of 1990.

(Further, if it was not "readily achievable'~ for

defendants to remove all such barriers, defendants have failed to make the required serv,ces
available through alternative methods, although such methods are achievable as require~ by
42 USC §12181 (b)(2)(a)(iv), (v).)
30.

Pursuant to the Americans with Disabilities Act of 1990, §308 (42 LVSC
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§12188 et seq.), Plaintiff is entitled to the remedies and procedures set forth in the ¢ivil
Rights Act of 1964 §204(a), (42 USC §2000a-3(a)), as Plaintiff is being subjected to
discrimination on the basis of disability in violation of this title and/or Plaintiff has

reason~ble

grounds for believing that she is about to be subjected to discrimination in violatio~ of
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Americans With Disabilities Act of 1990 §302. Plaintiff cannot return to or make use

o~ the

public facilities complained of herein for the purpose of entry and provision of goods and
service so long as defendants continue to apply eligibility criteria, policies, practices ,and
procedures to screen out and refuse to allow entry and service to persons with disabilities such
as Plaintiffs.
31.

Defendants', and each of their acts and omissions of failing to provide barrier free

handicapped access for Plaintiff, were tantamount to interference, coercion or intimid~tion
pursuant to Americans With Disabilities Act of 1990 §503(b) (now 42 USC §12203):
It shall be unlawful to coerce, intimidate, threaten, or interfere with any
individual in the exercise or enjoyment of, or on account of his or her having
aided or encouraged any other individual in the exercise or enjoyment of, any
right granted or protected by this Act.
32.

Per Americans With Disabilities Act of 1990 §308(a)(1) (now 42 USC §12188),

COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF

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"Nothing in this section shall require a person with a disability to engage in a futile gesture if

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such person has actual notice that a person or organization covered by this title does'I not

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intend to comply with its provisions." Pursuant to this last section, Plaintiff, on information jand

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belief, alleges that defendants have continued to violate the law and deny the rights of Plaintiff

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and other disabled persons to access this public accommodation for the purpose of lodQing.

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Therefore, Plaintiff seeks injunctive relief pursuant to §308(a)(2),
" ... Where appropriate, injunctive relief shall also include requ1nng the
provision of an auxiliary aid or service, modifications of a policy, or provision of
alternative methods, to the extent required by this title."

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33.

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Plaintiff seeks relief pursuant to remedies set forth in §204(a) of the Civil RiQhts
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imple~ent

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Act of 1964 (42 USC §2000a-3(a), and pursuant to federal regulations adopted to

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the Americans with Disabilities Act of 1990, including, but not limited to, an order granting

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injunctive relief and attorneys' fees. Such attorneys' fees, "including litigation expenses and
costs," are further specifically provided for by §505 of Title Ill.
WHEREFORE, Plaintiff prays for damages as hereinafter stated.

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SECOND CAUSE OF ACTION
BREACH OF STATUTORY PROTECTIONS FOR PERSONS WITH PHYSICAL
DISABILITIES (California Health & Safety Code §19955, et seq.)

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34.

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II.

Plaintiff repleads and incorporates by reference, as if fully set forth again herein,

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the allegations contained in paragraphs 1 through 33 of this Complaint and incorporates them

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herein as if separately repled.

California Health & Safety Code §19955 provides in pertinent part:

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35.

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The purpose of this part is to insure that public accommodations or
facilities constructed in this state with private funds adhere to the provisions of
Chapter 7 (commencing with Sec. 4450) of Division 5 of Title 1 of the
Government Code. For the purposes of this part "public accommodation or
facilities" means a building, structure, facility, complex, or improved area which is
used by the general public and shall include auditoriums, hospitals, theaters,
restaurants, hotels, motels, stadiums, and convention centers. When sanitary
facilities are made available for the public, clients or employees in such
accommodations or facilities, they shall be made available for the handicapped.

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36.

California Health & Safety Code §19956, which appears in the same chapter

as §19955, provides in pertinent part, "accommodations constructed in this state shall conform
COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF

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to the provisions of Chapter 7 (commencing with Sec. 4450) of Division 5 of Title 1 of the

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Government Code ... " California Health & Safety Code §19956 was operative July 1, 1970,

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and is applicable to all public accommodations constructed or altered after that date. : On

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information and belief, portions of "LAMPLIGHTER" and/or of its buildings, were constru¢ted

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and/or altered after July 1, 1970, and substantial portions of said building had alterati~ns,

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structural repairs, and/or additions made to such public accommodations after July 1, 1~70,

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thereby requiring said public accommodations and/or buildings to be subject to :the

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requirements of Part 5.5, California Health & Safety Code §19955, et seq., upon such

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alteration, structural repairs or additions per California Health & Safety Code §19959.

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37.

Pursuant to the authority delegated by California Government Code §4450, et

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seq., the State Architect promulgated regulations for the enforcement of these provisi(j)ns.

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Effective January 1, 1982, Title 24 of the California Administrative Code adopted the

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California State Architect's Regulations and these regulations must be complied with as to ~ny

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alterations

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Construction changes occurring prior to this date but after July 1, 1970, triggered access

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requirements pursuant to the "ASA" requirements, the American Standards

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Specifications, A117.1-1961. On information and belief, at the time of the construction and

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modification of said building, all buildings and facilities covered were required to confornjl to

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each of the standards and specifications described in the American Standards Associaiion

and/or modifications of the

"LAMPLIGHTER"

occurring

after that d~te.

Associa~ion

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Specifications and/or those contained in Title 24 of the California Administrative Cqde,

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(now known as Title 24, California Code of Regulations.)
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38.

Public facilities, such as "LAMPLIGHTER" are public accommodations1 or

facilities within the meaning of California Health & Safety Code §19955, et seq.
39.

It is difficult or impossible for persons with physical disabilities who use

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wheelchairs, canes, walkers and service animals to travel about in public to use a motel with

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the defects set forth in Paragraph 4 above as required by Title 24 of the California Cod~ o

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Regulations and the Americans with Disabilities Act Access Guidelines (ADAAG). T~us,

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when public accommodations fail to provide handicap accessible public facilities, persons with

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COMPLAINT FOR DA\1AGES, INJUNCTIVE RELIEF

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disabilities are unable to enter and use said facilities, and are denied full and equal access to

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and use of that facility that is enjoyed by other members of the general public.
40.

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Plaintiff, SHAYNA DICKINSON, and other similarly situated persons with
wal~ers

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physical disabilities whose physical conditions require the use of wheelchairs, canes,

5

and service animals are unable to use public facilities on a "full and equal" basis unless ~ach

6

such facility is in compliance with the provisions of the California Health & Safety Cpde

7

§ 19955, et seq. Plaintiff is a member of that portion of the public whose rights are protecte~ by

8

the provisions of California Health & Safety Code §19955, et seq.

I

41.

9

The California Health & Safety Code was enacted "[t]o ensure that p4blic

10

accommodations or facilities constructed in this state with private funds adhere to i the

11

provisions of Chapter 7 (commencing with §4450) of Division 5 of Title 1 of the Government

12

Code." Such public accommodations are defined to include motels.
42.

13

~this

Plaintiff is further informed and believes that as of the date of filing

14

Complaint, Defendants have not made accessible the facilities at the subject motel as set forth

15

in Paragraph 4 above.

16

43.

Plaintiff, SHAYNA DICKINSON, is informed and believes, and therefore alleges,

17

that Defendants SURINDER HER, AMANDIP HER, HARJINDER HER, and DOES ONE to

18

FIFTY,

inclusive,

and

each

of

them,

caused

the

subject

buildings

constit~ting
I
i

19

"LAMPLIGHTER" to be constructed, altered and maintained in such a manner that per~ons

20

with physical disabilities were denied full and equal access to, within and throughout raid

21

buildings and were denied full and equal use of said public facilities, and despite knowl~dge

22

and actual and constructive notice to such Defendants that the configuration of the motel

23

and/or buildings was in violation of the civil rights of persons with physical disabilities, sue~ as

24

Plaintiff. Such construction, modification, ownership, operation, maintenance and practic~s of

25

such public facilities are in violation of law as stated in Part 5.5, California Health & Safety

26

Code §19955, et seq., and elsewhere in the laws of California.

I

27

28

i

44.

On information and belief, the subject building constituting the public facilitids of
I

"LAMPLIGHTER" denied full and equal access to Plaintiff and other persons with phy~ical
COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF

12

1

2
3
4

disabilities in other respects due to non-compliance with requirement of Title 24 of the
California Code of Regulations and California Health & Safety Code §19955, et seq.
45.

The basis of Plaintiffs aforementioned information and belief is the varjous
I

means upon which Defendants must have acquired such knowledge, including, but not lilllited
I
I

5
6
7
8
9
10
11

12
13
14
15
16
17

18
19
20
21

22
23
24
25

26
27

28

to, this lawsuit, other access lawsuits, communications with operators of other motels jand
other property owners regarding denial access, communications with Plaintiff and Jher
I

persons with disabilities, communications with other patrons who regularly visit th!ere,
communications with owners of other businesses, notices and advisories they obtained firom
i

governmental agencies through the mails, at seminars, posted bulletins, television, r~dio,
public service announcements, or upon modification, improvement, alteration or substantial
!

repair of the subject premises and other properties owned by these Defendants, newsp$per
articles and trade publications regarding the Americans with Disabilities Act of 1990 !and
other access law, and other similar information. The scope and means of the knowledg~ of
each defendant is within each defendant's exclusive control and cannot be ascertained ex~ept
through discovery.

i
i

46.

As a result of Defendants' acts and omissions in this regard, Plaintiff has ~een

required to incur legal expenses and hire attorneys in order to enforce her civil rights and
1

enforce provisions of the law protecting access for persons with physical disabilities land
i

prohibiting discrimination against persons with physical disabilities, and to take such aGtion
both in her own interests and in order to enforce an important right affecting the public inte~est.
Plaintiff, therefore, seeks damages in this lawsuit for recovery of all reasonable attorneys' fees
!

incurred, pursuant to the provisions of the California Code of Civil Procedure §1 0~1.5.
Plaintiff additionally seeks attorneys' fees pursuant to California Health & Safety C,ade
§19953 and California Civil Code §§54.3 and 55.
47.

Defendants, and each of them, at times prior to and including September, 27,

2011' and continuing to the present time, knew that persons with physical disabilities were
'

denied their rights of equal access to all portions of this public facility.

Despite such

knowledge, Defendants failed and refused to take steps to comply with the applicable ac¢ess
COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF

13

1

2
3

4

statutes; and despite knowledge of the resulting problems and denial of civil rights thereby
~ith

suffered by Plaintiff, SHAYNA DICKINSON, and other similarly situated persons

disabilities, including the specific notices referred to in paragraph 43 of this Compl~int.
'

Defendants have failed and refused to take action to grant full and equal access to persons
I

5

6
7

8
9

10
11

12
13

14
15
16
17
18

19

20

with physical disabilities in the respects complained of hereinabove. Defendants and eadh of
them have carried out a course of conduct of refusing to respond to, or correct
about, denial of handicap access.

compl~ints

Such actions and continuing course of conduc1 by

Defendants, evidence despicable conduct in conscious disregard for the rights or safe~ of
Plaintiff and of other similarly situated persons, justifying an award of treble damages purs!Jant
to California Civil Code §54.3.
48.

Defendants' actions have also been oppressive to persons with phy$ical

disabilities and of other members of the public, and have evidenced actual or implied malicious
intent toward those members of the public, such as Plaintiff and other persons with physical
I

disabilities who have been denied the proper access they are entitled to by law.

Further,
!

Defendants' refusals on a day-to-day basis to correct these problems evidence despidable
conduct in conscious disregard for the rights of Plaintiff and other members of the public] with
!

physical disabilities.
49.

Plaintiff prays for an award of treble damages against Defendants, and ea~h of

them, pursuant to California Civil Code §54.3 in an amount sufficient to make a r!nore
profound example of Defendants and discourage owners, operators, franchisers i and
!

21

franchisees of other public facilities from willful disregard of the rights of persons with ph~sical
I

22

disabilities.

23
24

25
26
27

50.

As a result of the actions and failure of Defendants, and each of them, and as a

result of the failure to provide proper accessible public facilities, Plaintiff, SHAVNA
DICKINSON, was denied her civil rights, including her right to full and equal access to public
!

facilities, was embarrassed and humiliated, suffered physical, psychological and mrntal
injuries and emotional distress, mental distress, mental suffering, mental anguish, Which
I

28

includes shame, humiliation, embarrassment, anger, chagrin, disappointment and ~orry,
COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF

14

1

2

expectedly and naturally associated with a person with a physical disability being demied
access to a public accommodation.
WHEREFORE, Plaintiff prays for damages as hereinafter stated.

3

5

THIRD CAUSE OF ACTION
VIOLATION OF CALIFORNIA'S CIVIL RIGHTS ACTS
(California Civil Code §§54, 54.1 and 54.3)

6

51.

4

Ill.

Plaintiff repleads and incorporates by reference as if fully set forth again hetein,

7

the allegations contained in paragraphs 1 through 50 of this Complaint and incorporates tpem

8

herein as if separately repled.
i

9

52.

The public facilities above-described constitute public facilities and p~blic

10

accommodations within the meaning of California Health & Safety Code §19955, et seq.,iand

11

are facilities to which members of the public are invited.

12

omissions of defendants, and each of them, constitute a denial of equal access to and usei and

13

enjoyment of these facilities by persons with disabilities, including Plaintiff, SHAYNA

14

DICKINSON.

15

California Code of Regulations.

16

The aforementioned acts' and
I

53.

Said acts and omissions are also in violation of provisions of Title 24 of the

The rights of Plaintiff, the entitlement of Plaintiff to full and equal access

an~
I

the

I

17

denial by defendants of such rights and entitlements are set forth in California Civil ¢ode

18

§§54, 54.1 and 54.3, to wit:

19

20
21

i

Individuals with disabilities shall have the same right as the ... general
public to full and free use of the streets, highways, sidewalks, walkways, public
buildings, public facilities, and other public places. California Civil Code §54( a).

26

Individuals with disabilities shall be entitled to full and equal access, as
other members of the general public, to accommodations, advantages, facilities,
and privileges of all common carriers, airplanes, motor vehicles, railroad trains,
motor buses, streetcars, boats, or any other public conveyances or modes of
transportation (whether private, public, franchised, licensed, contracted, or
otherwise provided), telephone facilities, adoption agencies, private schools,
hotels, lodging places, places of public accommodation, amusement or resort,
and other places to which the general public is invited, subject only to the
conditions and limitations established by law, or state or federal regulation, and
applicable alike to all persons. California Civil Code §54.1 (a).

27

54.

22
23
24

25

28

1

On or about September 27, 2011, Plaintiff, SHAYNA DICKINSON, suffered

violations of California Civil Code §§54 and 54.1 in that she was denied full and equal
COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF

15

1

enjoyment of the goods, services, facilities and privileges of said LAMPLIGHTER, as set rorth

2

in paragraph 4 above.

3

Plaintiff was also denied full and equal access to other particulars, including, but not

4

limited to, those described hereinabove. Plaintiff was also denied use of facilities that s~e is

5

entitled to under Title Ill of the Americans with Disabilities Act of 1990.

6

I

55.

As a result of the denial of full and equal enjoyment of the goods,

serv~ces,
i

7

facilities and privileges of defendants'

8

defendants, and each of them, in owning, operating and maintaining this subject public faqility,

9

Plaintiff suffered violations of her civil rights, including, but not limited to, rights upder

10

California Civil Code §§54, 54.1, and 54.3, and has and will suffer physical injury, emoti~nal

11

distress, mental distress, mental suffering, mental anguish, which includes shame, humiliahon,

12

embarrassment, anger,

LAMPLIGHTER due to the acts and omissions of

I

13

14

I

chagrin,

disappointment and worry,

expectedly and

natu~ally
I

associated with a disabled person's denial of full and equal enjoyment of goods, servipes,
I

privileges, etc. all to her damages as prayed hereinafter in an amount within the jurisdictiqn of

15

the court. Defendants' actions and omissions to act constituted discrimination against Plaintiff

16

on the sole basis that Plaintiff is disabled.

17

I

i

56.

Plaintiff seeks damages for the violation of her rights as a disabled person oh or

18

about September 27, 2011, according to proof, pursuant to California Civil Code §54.3,

19

including a trebling of all statutory and actual damages, general and special, available

20

to California Civil Code §54.3(a).

21

57.

purst;~ant

As a result of defendants' acts and omissions in this regard, Plaintiff SHA~NA

22

DICKINSON has been required to incur legal expenses and hire attorneys in order to enforce

23

her rights and enforce provisions of the law protecting the full and equal enjoyment of go<!>ds,

24

services, facilities, privileges of public facilities by the disabled, and those individ~als

25

associated with or accompanied by a person with disabilities, and prohibiting

26

against the disabled.

27

attorneys' fees incurred pursuant to the provisions of California Civil Code §55. AdditionCillly,

28

Plaintiffs lawsuit is intended not only to obtain compensation for damages to Plaintiff, but also

I
I

discrimina~ion
i

Plaintiff, therefore, seeks recovery in this lawsuit for all reason$ble

COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF

16

to compel the defendants to make their goods, services, facilities and privileges

availabl~

and

2

accessible to all members of the public with physical disabilities, justifying public int¢rest

3

attorneys' fees pursuant to the provisions of California Code of Civil Procedure §1 021.5.j

4

58.

The acts and omissions of defendants in failing to provide the

req~ired
I

5

accessible facilities subsequent to the enactment date and compliance date of the Ameri~ans

6

with Disabilities Act of 1990, and refusal to make remedial modifications and alterations ~o its

7

accessible accommodations and its policies and other elements as hereinabove stated,

I

~fter
I

i

8

being notified by patrons before and after the time of Plaintiffs visit and injuries, on or ajbout

9

September 27, 2011, and all times prior thereto with the knowledge that persons :with

10

disabilities would enter defendants' premises, the reason given therefor, was an establi,hed

11

policy, practice and procedure of refusing and denying entry, thereby denying services Ito a

12

person with disabilities and the companions thereof, evidence malice and oppression to~ard

13

Plaintiff and other disabled persons.

14

15
16

17
18

I

59.

Plaintiff seeks injunctive relief pursuant to California Civil Code §55 to re~uire

Defendants to comply with federal and state access regulations.
60.

Defendants have failed to establish a nondiscriminatory criteria, policy, pra~tice

and procedure for entry into said "LAMPLIGHTER" as hereinabove described.
61.

As a result of defendants' continuing failure to provide for the full and

e~ual

19

enjoyment of goods, services, facilities and privileges of said "LAMPLIGHTER"! as

20

hereinabove described, Plaintiff has continually been denied her rights to full and eRual

21

enjoyment of the subject motel, as it would be a "futile gesture" to attempt to patronize !Said

22

"LAMPLIGHTER" with the discriminatory policy in place as hereinabove described.

23

I

'

62.

The acts and omissions of defendants as complained of herein in failinp to

24

provide the required accessible facilities subsequent to the enactment date and compliance

25

date of the Americans with Disabilities Act of 1990 and refusal to make rem$dial

26

modifications and alterations to the architectural barriers as stated herein and in failin~ to

27

establish practices, policies and procedures to allow safe access by persons who are disabled

28

are continuing on a day-to-day basis to have the effect of wrongfully and willfully excluping

i

COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF

17

Plaintiff and other members of the public who are disabled from full and equal enjoyment

o~ the

Such acts and omissions arei the

2

subject "LAMPLIGHTER" as hereinabove described.

3

continuing cause of humiliation and mental and emotional suffering of Plaintiff in that t~ese

4

actions continue to treat Plaintiff as an inferior and second class citizen and serv~ to

5

discriminate against her on the sole basis that she is disabled. Plaintiff is unable, so lon~ as

6

such acts and omissions of defendants continue; to achieve full and equal enjoyment of the

7

goods and services of said "LAMPLIGHTER" as described hereinabove.

8

defendants have legally caused and will continue to cause irreparable injury to Plaintiff

9

enjoined by this court.

I

I

The ac~ of
i

63.

10

if not

Wherefore, Plaintiff asks this court to preliminarily and permanently enjoin! any

11

continuing refusal by defendants to permit entry to said "LAMPLIGHTER" and to serve Pl~intiff

12

or others similarly situated, and to require defendants to comply forthwith with the appliqable

13

statutory requirements relating to the full and equal enjoyment of goods and service~ as

I

I

I

14

described hereinabove for disabled persons. Such injunctive relief is provided by Califqrnia

15

Civil Code §55. Plaintiff further requests that the court award statutory costs and

16

fees to Plaintiff pursuant to California Civil Code §55 and California Code of t:ivil

17

Procedure §1021.5, all as hereinafter prayed for.

I
I

attor~eys'

WHEREFORE, Plaintiff prays for compensatory damages, reasonable attorneys' Itees

18

!

19

and costs of suit, as allowed by statute and according to proof.

20

IV.

21

FOURTH CAUSE OF ACTION
VIOLATIONS OF UNRUH CIVIL RIGHTS ACT
(California Civil Code §§51 and 51.5)

22

64.

Plaintiff repleads and incorporates by reference, as if fully set forth again

h~rein,

23

the allegations contained in paragraphs 1 through 63 of this Complaint and incorporates lhem

24

herein as if separately repled.

25

65.

Defendants' acts and omissions as specified with regard to the discrimin~tory

26

treatment of Plaintiff, SHAYNA DICKINSON, on the basis of her disabilities, have be+n in

27

violation of California Civil Code §§51 and 51.5, the Unruh Civil Rights Act, and have

28

denied to Plaintiff her rights to "full and equal accommodations, advantages, faci~ities,

I

COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF

18

1

2
3
4
5
6
7

8
9

10

privileges or services in all business establishments of every kind whatsoever."
66.

California Civil Code §51 also provides that "[a] violation of the right of, any
I

individual under the Americans with Disabilities Act of 1990 (Public Law 101-336) shall'also
constitute a violation of this section."
67.

California Civil Code §51.5 also provides that

"[n]o business establishment of any kind whatsoever shall discriminate against,
boycott, or blacklist, refuse to buy from, sell to, or trade with any person in this
state because of the race, creed, religion, color, national origin, sex, disability of
the person or of the person's partners, members, stockholders, directors,
officers, managers, superintendents, agents, employees, business associates,
suppliers, or customers."
67.

As a result of the violation of Plaintiffs civil rights protected by California '(:;ivil

11

Code §§51 and 51.5, Plaintiff is entitled to the rights and remedies of California Civil ~ode

12

§52, including a trebling of actual damages (defined by California Civil Code §52(h) to rpean

13

"special and general damages"), as well as reasonable attorneys' fees and costs, as allqwed

14

by statute, according to proof.

15

16

WHEREFORE, Plaintiff prays that this court award damages and provide reli~f as
follows:
PRAYER FOR RELIEF

17
18

Plaintiff prays that this court award damages and provide relief as follows:

i
I

19

1.

Grant injunctive relief requiring that defendants establish a non-discrimin~tory

20

criteria policy, practice and procedure permitting entry into the LAMPLIGHTER in Eureka,

21

California, for the purpose of obtaining the goods and services accorded therein according to

22

California Civil Code §§51, 51.5, 52, 54, 54.1, 54.3, and 55, et seq., and Title Ill

i

qf

the

i

23

Americans with Disabilities Act of 1990, and grant injunctive relief requiring that Defen~ants

24

repair and render safe to disabled persons, and otherwise make accessible, all public

25

the motel, including, but not limited to, each of the barriers to access identified in Paragraph 4,

26

above, and make such facilities "readily accessible to and usable by individuals with

I
'

are~s

of

j

I

27

disabilities" according to the standards of Title 24 of the California Administrative qode,

28

California Health & Safety Code §19955 et seq., and Title Ill of the Americans ! with
COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF

19

I

1

2
3
4

Disabilities Act of 1990 and the standards of ADAAG; and prohibiting operation ofj the
LAMPLIGHTER located in Eureka, California, as a public facility until Defendants provid~ full
and equal enjoyment of goods and services as described hereinabove to disabled perspns,
I

2,

6

8

General damages according to proof;

3.

5

7

I
I

including Plaintiff;

Statutory and "actual" damages, including general damages and sp$cial

damages, according to proof, pursuant to California Civil Code §§52, and 54.3, and !that
!

these damages be trebled;

9

4.

Prejudgment interest on all compensatory damages;

10

5.

Remedies and Procedures available under Americans with Disabilities Adt o

11

i
i

I

1990 §§107, 203 and 308;
6.

12
13

I

Award Plaintiff all litigation expenses, all costs of this proceeding ancl all
I

I

reasonable attorneys' fees as provided by law, including, but not limited to, those recoverrble

14

pursuant to the provisions of California Civil Code §§52, 54.3, and 55, California Cod~ o
I

15

Civil Procedure §1 021.5, and Americans with Disabilities Act of 1990 §308 of Title Ill; ~nd

i

I

i

7.

16

Grant such other and further relief as the court may deem just and proper.

17
18

Dated:

March 2, 2012
ason K. Singleton, Attorney for
Plaintiff, SHAYNA DICKINSON

19

20
21

REQUEST FOR JURY TRIAL

22

Plaintiff hereby requests a jury for all claims for which a jury is permitted.

23
24

25

Dated:

March 2, 2012
ason K. Singleton, Attorney for
Plaintiff, SHAYNA DICKINSON

26
27
28
COMPLAINT FOR DAMAGES, INJUNCTIVE RELIEF

20