SANTA CRUZ — A Berkeley man is suing the Crow’s Nest Restaurant for not having public facilities accessible to people who are physically disabled.

Walter Delson of Berkeley filed a complaint for injunctive relief and damages Oct. 7, according to Delson’s attorney Paul Rein of law firm Rein & Clefton. Delson filed the complaint after going to the Crow’s Nest in April with his children and girlfriend and not being able to find an accessible parking spot or use the bathroom.

The defendants in this case are the Crow’s Nest Restaurant and the Santa Cruz Port District. Delson, the plaintiff, made a governmental claim against the port district in June, which was considered legally rejected Sept. 30 after the district did not respond, court record shows.

Delson uses a wheelchair because of a spinal cord injury that resulted in paraplegia, according to court records. When Delson went to the restaurant, he wasn’t able to find an available accessible parking space for his disabled-accessible van, according to the complaint. He also had trouble seating himself because of a lack of disabled accessible tables, and when he later went to wash his hands and use the bathroom, both bathrooms he entered weren’t accessible. Delson had to go back to his van to fully relieve himself, according to court record.

Delson’s civil rights under federal and California law were violated and will continue to be violated until the restaurant complies with various laws and codes, including the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990 and California Government Code and California Civil Code, according to the complaint. Delson wants the restaurant to make its public accommodations accessible to individuals who are disabled and also wants to be paid for damages from being denied access and his civil rights, according to court record.

The 50-year-old harborside restaurant, 2218 E. Cliff Drive in Santa Cruz, has had construction, structural repairs and/or structural changes since the Rehabilitation Act and later codes and laws were put into effect, according to the filed complaint.

The Crow’s Nest did not return requests for comment.

The Crow’s Nest is not the first business in the county to face a disability access lawsuit.

Brookdale Senior Living Scotts Valley was sued last year by two residents for allegedly violating the Americans with Disabilities Act by not having accessible facilities for individuals with disabilities. The facility also allegedly committed elder financial abuse due to understaffing, which affects what services the residents paid for and were promised could actually be provided. Brookdale, a publicly traded company based in Brentwood, Tennessee, is the largest provider of assisted living for senior citizens in the U.S., Sentinel staff reported.

Gilda’s on the Wharf was sued in 2015 for violating the Americans with Disabilities Act, too.