Huntington Beach store facing second ADA lawsuit over its website

"You can't do this hundreds and hundreds of times without it looking glaringly disgusting," said the store owner.
Monday, January 8, 2024
HUNTINGTON BEACH, Calif. (KABC) -- As an Echo Park restaurant owner faces a lawsuit that claims its website violates the Americans with Disabilities Act, another Southern California business is facing a similar type of lawsuit.

"Now, we're stuck in this, 'They have deep pockets, we don't,'" said Lindsey Lamoureux, the owner of West of Camden in Huntington Beach.
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She told Eyewitness News she's faced two separate lawsuits for alleged ADA violations regarding her store's website.

"Our website was in tip-top condition, everything that had to be there for this compliance thing was there, and they're like, 'No, pay me,'" said Lamoureux.

Eyewitness News has recently reported on several businesses facing ADA lawsuits, many of which are being sued by the same person.

Lamoreux saw ABC7's report last week about the Sticky Rice restaurant in Echo Park, which is also facing a lawsuit over its website. The plaintiff in that case, Rebecca Castillo, has filed dozens of lawsuits over the past few years, and they've all been handled by the same law firm, Manning Law APC.



Joe Manning, the attorney handling the case, sent ABC7 a statement that says in part, "My firm is extremely proud of our efforts to bring blind and visually impaired persons into sync with 21st century life by making digital content accessible, including our cases filed on behalf of Ms. Castillo.

I am also aware that some oppose the ability of persons with disabilities to enforce the law though private civil lawsuits. However, it is important to remember that this is the only mechanism established by Congress and the legislature to enforce the ADA and related laws."
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"You can't do this hundreds and hundreds of times without it looking glaringly disgusting," said Lamoureux.

California law allows a fine of $4,000 per violation.

State Senator Roger Niello, whose district represents parts of Sacramento and Placer counties, is sponsoring a bill that will allow a change in the law.

"The problem is what's called the Private Right of Action," he said. "This does not, at all, require that anybody even allege that they have been harmed by it, just that the existence of the violation exists, and a private citizen can bring that, which means an attorney."



Lamoureux did not wish to provide further details about the lawsuit she's facing, saying only that it's been filed by a different person and a different attorney. She also said she plans to fight it.

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