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 the barriers to his wheelchair access in the 7-Eleven store that he learned about through his expert's site inspections. (Superseding opinion)

Appellate Information

• Argued 04/16/2007
• Decided 05/02/2008
• Published 05/02/2008

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.