Denied Service, Polio Victim Says in Suit

A polio victim who uses crutches to walk has filed suit against the owners of a Boyle Heights restaurant claiming that his civil rights were violated when he was allegedly refused a beer because he is disabled.

Adolfo Pena, 26, also claimed in a Los Angeles Superior Court action that security guards at the La Perla, El Gallo and El Terasco restaurant complex inside El Mercado de Los Angeles shopping center roughed him up and took away his crutches when he refused to pay his $16 bill.

Pena told reporters this week that a waitress advised him Aug. 5 that “it wasn’t their policy to serve crippled people because we might be on medication.” He said he became enraged and refused to pay.

Pedro M. Rosado, the shopping center owner, denied that such a policy exists and was unaware of any incident involving Pena.

“The only reason we refuse service is when someone is intoxicated. I am very strict about that,” Rosado said. “We serve people all the time who are in wheelchairs. It’s my business to sell beer and food. I want to serve as much as I can, and it doesn’t matter whether someone is handicapped.”