United States Ninth Circuit

In a suit against 7-Eleven under the Americans With Disabilities Act (ADA), summary judgment for 7-Eleven is affirmed in part, but vacated in part and remanded where: 1) the district court properly granted summary judgment to 7-Eleven on the issues of whether the store's aisle width and the store's refusal to allow him to access the employees-only restroom violated the ADA; but 2) contrary to the ruling below, plaintiff had standing to challenge all barriers to his wheelchair access in the store related to his specific disability, including those that he learned about through his expert's site inspection.

Appellate Information

• Argued 04/16/2007
• Decided 11/09/2007
• Published 11/09/2007

Judges

• Before:  JEROME FARRIS and RONALD M. GOULD, Circuit Judges, and KEVIN THOMAS DUFFY, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Lynn Hubbard, III and Scottlynn J. Hubbard, IV, Law Offices of Lynn Hubbard, Chico, CA, for plaintiff-appellant Jerry Doran.


• For Appellees:
  
• Scott J. Ferrell, Julie R. Trotter, and Melinda Evans, Call, Jensen & Ferrell, Newport Beach, CA, for defendants-appellees 7-Eleven, Inc. and Southland Corp.