Karczewski v. DCH Mission Valley LLC, No. 15-55633 (9th Cir. 2017)Annotate this Case
Plaintiff, who is paralyzed from the waist down, filed suit alleging that defendant's refusal to install temporary vehicle hand controls violated the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq. The Ninth Circuit held that plaintiff has stated a claim under section 12182(b)(2)(A)(ii) for failure to make reasonable modifications in policies, practices or procedures. However, plaintiff failed to make a claim that defendant did not remove architectural barriers in existing facilities, because section 2182(b)(2)(A)(iv) did not apply to the circumstances of this case. Finally, additional implementing regulations, 28 C.F.R. 36.307(a) and 36.306, did not preclude plaintiff's statutory claim. Accordingly, the panel reversed the district court's dismissal and remanded.