Craig Yates v. Papyrus; Joseph P. Chang; Attilio Malatesta, Trustee of the Survivors Trust portion under the Attilio Malatesta and Catherine Malatesta Trust dated June 20, 1995, for the benefit of Attilio Malatesta
Published: Mar. 7, 2015 | Result Date: Jul. 29, 2014 | Filing Date: Jan. 1, 1900 |Case number: 3:13-cv-01314-EDL Settlement – $28,950
Court
USDC Northern
Attorneys
Plaintiff
Thomas E. Frankovich
(Thomas E. Frankovich APLC)
Defendant
Alison M. Crane
(Bledsoe, Diestel, Treppa & Crane LLP)
Facts
Craig Yates brought a civil rights, and disability discrimination action against Papyrus, Joseph Chang, and Atilio Malatesta for injunctive relief and damages.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that he was a person with a physical disability and was denied full and equal access to a Papyrus card and stationary shop in the City of San Francisco. Plaintiff contended that the denial of access included the lack of an accessible entrance, lack of a handicapped accessible service counter, and lack of a ramp with the proper slope.
DEFENDANTS' CONTENTIONS:
Defendants denied the allegations of plaintiff's claims and asserted various affirmative defenses.
Result
The parties entered a consent decree, which was approved by the court. Pursuant to the consent decree Papyrus and Malatesta agreed to take certain remedial measures to make the subject property accessible to persons with disabilities. Such measures included widening the frame of the entryway, installing an automatic door opener, maintaining merchandise aisles that are 35 inches wide, and providing a counter that was 36 inches wide and 34 inches high. In addition Papyrus agreed to pay plaintiff and his counsel $6,500 and Malatesta agreed to pay $22,450.
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