Kohler v. Bed Bath & Beyond, No. 12-56727 (9th Cir. 2015)
Annotate this CasePlaintiff, a paraplegic who uses a wheelchair to move in public, filed suit against BB&B under Title III of the Americans with Disabilities Act (ADA), 2000a(b), for purported architectural barriers that plaintiff claimed impeded his ability to fully use the store. On appeal, plaintiff challenged the district court's grant of summary judgment to BB&B. The court concluded that the district court did not err in concluding that the ADA does not require wall space within the maneuvering clearance next to the frame of a restroom door that must be pulled open. The court also concluded that the district court did not err in ruling that, because the door lacked a "latch" within the meaning of standards governing ADA compliance, no maneuvering space was required next to the frame of a restroom door that must be pushed open. Accordingly, the court affirmed the judgment.
Court Description: Americans with Disabilities Act. The panel affirmed the district court’s summary judgment on claims under Title III of the Americans with Disabilities Act related to the necessary maneuvering clearance for a restroom door in a store. The panel affirmed the district court’s conclusion that the ADA does not require wall space within the maneuvering clearance next to the frame of a restroom door that must be pulled open. The panel also affirmed the district court’s ruling that, because the door lacked a “latch” within the meaning of standards governing ADA compliance, no maneuvering space was required next to the frame of a restroom door that must be pushed open.
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