Dear Kava Executive Leadership,
I am submitting this formal complaint regarding an incident on Saturday, November 29th at approximately 8:15 p.m., at Century City Mall, 2nd level. What occurred was not just poor service — it potentially violated multiple federal and state laws governing public accommodations, nondiscrimination, ADA access, and business transparency.
Although your posted closing time is 9:00 p.m., an employee told me I could not sit outside because he “had already cleaned the patio,” while other customers were actively seated outside at that same moment. I am attaching photos documenting this clear, selective enforcement.
When my husband approached the manager, the manager was unresponsive, dismissive, and indifferent, refusing to address the situation or ensure equal treatment of customers.
Because I have a heart condition, indoor heat is medically unsafe for me. I required outdoor seating as a matter of health accommodation — a fact your staff disregarded entirely.
This incident raises serious legal concerns that your executives should be aware of:
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✔ 1. ADA Title III – Public Accommodation Obligations
Businesses open to the public must provide equal access and reasonable accommodation to customers with medical conditions.
Refusing outdoor seating while allowing others to use it, and ignoring a medical need, may constitute a violation of:
Americans with Disabilities Act (ADA), Title III, 42 U.S.C. §12182
Failure to provide reasonable modifications (§12182(b)(2)(A)(ii))
Unequal treatment in use of facilities (§12182(b)(1)(A))
A restaurant cannot selectively deny access to an area that is open and functioning for other patrons.
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✔ 2. Federal Civil Rights Act – Public Accommodation Discrimination
Restaurants fall under 42 U.S.C. §2000a, which prohibits:
Denial of access
Different treatment
Segregation or exclusion of customers
…when the business is open and providing service to others.
Selective closing of the patio for ME while allowing other patrons to sit there may fall under “discriminatory conditions of service.”
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✔ 3. California Unruh Civil Rights Act (if applicable to a CA location)
If the restaurant is in California, this incident potentially violates:
California Civil Code §51 (Unruh Act), which guarantees:
“Full and equal accommodations, advantages, facilities, privileges, and services”
Prohibits any arbitrary discrimination
Civil penalties for violations may include $4,000 per incident plus attorney fees.
Selective denial of seating is textbook arbitrary discrimination under Unruh.
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✔ 4. California Disabled Persons Act – Civil Code §§54–55
For California locations, denying a medically required accommodation violates:
Right to equal access to public places
Right to reasonable accommodation
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✔ 5. State & Local Consumer Protection / Unfair Business Practices Laws
Closing seating 45 minutes before your posted closing time, selectively and inconsistently, may be considered:
Misrepresentation of services
Deceptive business practices
Violation of state consumer protection statutes
This applies in all 50 states.
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Revised Conclusion Paragraph (to include in your email):
Given these potential violations of ADA Title III, the Federal Civil Rights Act, relevant state civil rights laws, and consumer protection statutes, I expect:
1. A formal written response from Kava’s executive leadership.
2. Immediate retraining of staff and management on closing procedures, ADA obligations, and public accommodation law.
3. Confirmation that corrective action will be taken to prevent selective enforcement and discriminatory treatment.
This incident was distressing, medically unsafe for me, and unacceptable at every level. I request that Kava handles this matter seriously, professionally, and immediately.