Home / Gaming / ADA lawsuit forces home-based Fresno gaming business to close – KMPH Fox 26

ADA lawsuit forces home-based Fresno gaming business to close – KMPH Fox 26

Jay Kraft has operated a gaming business out of his Fresno home. He’s now forced to close, after he was hit with an ADA lawsuit in Federal Court.

Jay Kraft of Fresno turned his passion into his livelihood.

“It’s like walking into a time machine,” says Kraft.

He owns Jay’s Game Shack, a video game business that specializes in retro games, gaming consoles, action figures, and other items celebrating pop culture.

“If you don’t have passion for the product you’re selling.. you don’t have that type of connection with it.. it’s not gonna speak to people,” Kraft said.

He’s had the business for five years, operating by appointment out of his home in Southeast Fresno.

“The first day we opened up, we had about 100 games, give or take. Now we’re sitting at 2,000 to 3,000 titles on hand,” Kraft says.

Titles, that he’s now selling.

“It’s an absolute shame that it came to this,” Kraft says.

Kraft is being sued for not complying with the Americans with Disabilities Act.

The lawsuit is being filed on behalf of Jose Acosta, who according to court documents, relies on a wheelchair.

“We actually hoisted him in his chair up the stairs to make sure he was going to be able to do business here,” Kraft says. “He even asked to use the restroom.”

The lawsuit claims there was no accessible path from the sidewalk to the entrance.

Acosta says he couldn’t get in the front door because the threshold was too high.

The countertop for transactions was too high– even though Kraft uses an iPad to let customers pay.

The doorway to the restroom was too narrow.

“We make good faith efforts to be accommodating of everyone,” Kraft says.

FOX26 News searched and found Acosta has filed more than 100 lawsuits against other businesses in Federal Court in the past three years.

Acosta is represented by the Mission Law Firm out of San Jose.

It’s a law firm with staff familiar to hundreds of businesses across the Central Valley.

Tanya Moore– who was previously with the Moore Law Firm, which also filed many ADA lawsuits– works with Mission.

FOX26 News reached out for comment by phone and email, but did not hear back.

“After doing business here for five years in this location, this was the last thing we would have ever expected to happen to our in-house operation,” Kraft. “The cost of making renovations exceeds our financial means.”

Kraft has been updating customers about the lawsuit on his business’ Facebook page.

Since he has closed, he is now listing items on eBay.

And, he is raising money to try and resolve the issue.

“If you’re tired about hearing about these things, businesses you love having to close their doors because of things like this happening, we would love the support to put that to an end,” he says. “Win, lose or draw it’s very expensive.”

Kraft says any hopes of opening a brick and mortar location have been shattered.

There have been efforts to give business owners 90-days notice to fix issues that are out of compliance before a lawsuit can be filed.

But every year, those bills die in Sacramento.

The Mission Law Firm is being sued right now in Federal Court


It is being accused of using the Americans with Disabilities Act as a weapon to collect quick settlements.

That is expected to go to trial in 2020.

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