Fortyune v. City of Lomita, No. 12-56280 (9th Cir. 2014)
Annotate this CasePlaintiff, a paraplegic who uses a wheelchair, filed suit under the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq., and the California Disabled Persons Act (CDPA), Cal. Civ. Code 54 et seq., against the City because none of the City's public on-street parking is accessible to people with disabilities. The district court denied the City's motion to dismiss, concluding that the broad language of the ADA requires public entities to ensure that all services, including on-street parking, are reasonably accessible to and usable by individuals with disabilities. The district court then granted the City's motion to certify the order for interlocutory appeal and the City petitioned for leave to appeal. The text of the ADA, the relevant implementing regulations, and the DOJ's interpretation of its own regulations all lead the court to conclude that public entities must ensure that all normal governmental functions are reasonably accessible to disabled persons, irrespective of whether the DOJ has adopted technical specifications for the particular types of facilities involved. Therefore, the court held that plaintiff has stated a claim under the ADA and the CDPA based on the City's alleged failure to provide accessible on-street diagonal stall parking. The court affirmed the judgment of the district court.
Court Description: Americans with Disabilities Act. Affirming the district court’s denial of a motion to dismiss, the panel held that Title II of the Americans with Disabilities Act requires local governments to provide accessible on-street parking in the absence of regulatory design specifications for on-street parking facilities. The panel stated that the text of the ADA, the relevant implementing regulations, and the Department of Justice’s interpretation of its own regulations all led it to conclude that public entities must ensure that all normal governmental functions are reasonably accessible to disabled persons, irrespective of whether the DOJ has adopted technical specifications for the particular types of facilities involved. The panel held that the plaintiff had stated claims under the ADA and the California Disabled Persons Act based on the defendant city’s alleged failure to provide accessible on-street diagonal stall parking.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.