Torrey Pines lawsuit claims golf club not ‘accessible to, useable by’ people with disabilities

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Torrey Pines lawsuit overview: 

• Who: A couple is suing the city of San Diego and a San Diego golf course.
• Why: The plaintiffs say the golf course and its facilities are not accessible to people who use a wheelchair.
• Where: The Torrey Pines lawsuit was filed in a California federal court.

There is an illegal lack of disabled access to the golf programs, golf courses and restaurants at San Diego’s Torrey Pines Golf Course, which is leased from the city, a new lawsuit alleges.

Plaintiffs Abdul Nevarez and Priscilla Nevarez filed the complaint against the city of San Diego, Torrey Pines Club Corp., The Lodge at Torrey Pines Partnership LP and Evans Hotels LLC on March 16 in a California federal court, alleging violations of the Americans With Disabilities Act (ADA).

According to the lawsuit, Abdul Nevarez is physically disabled and requires the use of a wheelchair. 

He says he was an avid golfer prior to the injury that rendered him disabled and has continued golfing to remain physically active after his injury, “as it is one of the only recreational physical activities that he is able to enjoy regularly with his family and friends.”

However, Nevarez and his wife, Priscilla, claim they were denied rights to “full and equal” access at Torrey Pines and the associated “programs, services and activities” the city offers because they were not accessible to or usable by those with disabilities.

“The denial continued despite the City and its contractors having actual notice of the inaccessible conditions, demonstrating its deliberate indifference and/or intentional discrimination toward Plaintiffs,” the lawsuit states.

Plaintiffs denied entry with accessible golf cart, lawsuit alleges

The Nevarezes have attempted to visit Torrey Pines as paying customers multiple times since March 2021, and encountered barriers — both physical and intangible — that interfered with, if not outright denied, their ability to use and enjoy the services at Torrey Pines and The Grill, the lawsuit states. This included a lack of accessibility to parking, to a path of travel from parking to related buildings, to the Pro Shop and to accessible seating, they say. 

The couple say, after trying multiple times to communicate with the golf course about access to a ParaGolfer accessible cart, they brought their own to the course. However, when they arrived for a friends’ birthday, they were told the vehicle was not approved for the course. 

“Plaintiffs were humiliated, embarrassed, anxious, and angry” the city “continued to deny them access to Torrey Pines, even after they had gone through much trouble and expense to source and transport a ParaGolfer to create the required access that the City failed to provide at Torrey Pines or at any of its golf courses.”

As a result, the plaintiffs are suing for violations of the ADA, the Rehabilitation Act and violations of California laws. They seek an order forcing the defendants to make their facilities accessible to people with disabilities, as well as damages, fees, costs and a jury trial.

Last year in San Diego, Instacart agreed to pay $45 million in a settlement made to resolve claims the company misclassified more than 300,000 of its delivery workers as independent contractors over a period of five years. 

What do you think about this ADA lawsuit? Let us know in the comments!  

The plaintiff is represented by Catherine Cabalo of Peiffer Wolf Carr Kane Conway & Wise LLP.

The San Diego golf club lawsuit is Abdul Nevarez, et al. v. City of San Diego, et al., Case No. 3:23-cv-00484-AJB-WVG, in the U.S. District Court for the Southern District of California.

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