United States Ninth Circuit

In this case, plaintiff wheelchair user challenged numerous alleged barriers to access at defendant's store. Plaintiff claims that the alleged barriers denied him "full and equal access" to the store in violation of the Americans with Disabilities Act (ADA). The district court granted summary judgment in favor of plaintiff and entered a permanent injunction against defendant. The judgment of the district court is: 1) affirmed in part, where the obstructed aisles that plaintiff encountered were not permissible under the ADA Accessibility Guidelines (28 C.F.R. section 36.211(b)) because the evidence demonstrated that defendant repeatedly failed to maintain accessible routes in its store; 2) reversed in part as to the grant of summary judgment on plaintiff's claim concerning the store's accessible sales counter, as unlike the aisle situation, defendant promptly removed the obstructing items from the sales counter and so the difficulty did not persist beyond a reasonable period of time; and 3) the district court is directed to modify the injunction accordingly.

Appellate Information

• Decided 03/05/2015
• Published 03/05/2015

Judges

• Berzon

Court

• United States Ninth Circuit

Counsel