United African-asian Abilities Club et Al v. 12306 Gale, LLC et Al

Summary

On July 24, 2019, United African-Asian Abilities Club Anna Marie Wiggins filed a Complaint in California Federal court against 12306 Gale, LLC . Plaintiff United African-Asian Abilities Club Anna Marie Wiggins alleges that www.galestapts.bfpminc.com is not accessible.

About the defendant

12306 GALE, LLC is the owner, operator, and/or lessor of the real property located at 12306 Gale Avenue located in Hawthorne, California.

What the complaint says

The problems the plaintiff describes with the website.

• Defendants websites and Defendants’ rental services are not integrated for people with disabilities
• People that are blind and with low vision disabilities must request help to read the website information because the printed information is too small
• Website photographs exclude any photographs of any accessible features
• Defendants do not provide any information on the websites regarding if the rental office is accessible.

Legal claims

The laws the plaintiff says the defendant broke, called causes of action.

• Claims Under The Americans With Disabilities Act Of 1990
• Violation of California Fair Housing Act
• Discriminatory Practices in Housing Accommodations – Fair Housing Act Claims
• Claims under California Accessibility Laws

What the plaintiff asks for

What the plaintiff wants the court to order.

• All named Plaintiffs seeks injunctive relief pursuant to 42 U.S.C. 3613(c) and 42 U.S.C. § 12188(a). Only the named Individual Plaintiff seeks injunctive relief pursuant to CA Civil Code §52. Pursuant to 42 U.S.C. 3613(c), all Plaintiffs request this court to enjoin Defendants to cease their discriminatory practices in housing rental services, rental housing management services, and for Defendants to implement written policies and methods to respond to reasonable accommodation and reasonable modification requests. Pursuant to 42 U.S.C. § 12188(a), Plaintiffs request this Court enjoin Defendants to remove all barriers to equal access to the disabled Plaintiffs in, at, or on their facilities, including but not limited to architectural and communicative barriers in the provision of Defendants’ rental services. Plaintiffs do not seek injunctive relief pursuant to Cal. Civil Code §55 and Plaintiffs do not seek attorneys’ fees pursuant to Cal. Civil Code §55. Plaintiffs do not seek any relief at all pursuant to Cal. Civil Code §55.
• All named Plaintiffs seek actual damages pursuant to 42 U.S.C. 3613(c). However, Plaintiff Club only seeks damages for itself. Plaintiff Club does not seek damages on behalf of its members;
• Only the named Individual Plaintiff seeks recovery of actual damages pursuant to Cal. Civil Code §§ 52 or 54.3
• Only the named Individual Plaintiff seeks $4,000 in minimum statutory damages pursuant to Cal. Civil Code § 52 for each and every offense of Civil Code § 51, pursuant to Munson v. Del Taco, (June 2009) 46 Cal. 4th 661
• In the alternative to the damages pursuant to Cal. Civil Code § 52 in Paragraph C above, only the named individual Plaintiff seeks $1,000 in minimum statutory damages pursuant to Cal. Civil Code § 54.3 for each and every offense of Civil Code § 54.1
• All named Plaintiffs seek attorneys' fees pursuant to 42 U.S.C. 3613(c)(2), 42 U.S.C. § 12205, and Cal. Civil Code §§ 52, 54.3
• Only the named individual Plaintiff seeks treble damages pursuant to Cal. Civil Code §§ 52(a) or 54.3(a)
• The named Plaintiffs are seeking perspective injunctive relief to require the Defendants to provide obvious reasonable accommodations, to provide the required auxiliary aids and to modify Defendants’ procedures, practices, and policies of the Defendants in the provision of Defendants’ rental services. Without perspective relief the Plaintiffs will suffer future harm
• All named Plaintiffs seek a Jury Trial
• For such other further relief as the court deems proper