Facts

Defendant BMV Hotels owns and operates the Best Western Forest Park Inn Hotel in Gilroy, California. Plaintiff Gerardo Hernandez is a physical disabled individual as defined by the American with Disabilities Act. When plaintiff visited Best Western Forest Park Inn Hotel, plaintiff encountered barriers with respect to accessing the hotel. Plaintiff filed a lawsuit against defendant for violations of the ADA, the Unruh Act and California Health and Safety Code Sections 19955-19959.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that the barriers he encountered at defendant's hotel violated the ADA. Plaintiff further contended that he was entitled to an injunction requiring defendant to remove all accessibility barriers at the hotel. In addition, plaintiff contended that he was entitled to damages under the Unruh Act because he experienced difficulty, discomfort and was embarrassed when he was denied access to the hotel.

DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions.

Result

The court granted plaintiff's motion for summary judgment finding that there were no genuine disputes of material facts as to the ADA and Unruh Act. BMV Hotels was ordered to remove all 62 barriers to access as requested by Plaintiff. Plaintiff was also awarded statutory damages in the amount of $4,000.