Kohler v. Eddie Bauer, No. 13-55808 (9th Cir. 2015)
Annotate this CasePlaintiff, who is disabled and uses a wheelchair, brought suit against Eddie Bauer for violations of the Americans with Disabilities Act (ADA) and California state law, alleging that a store checkout counter exceeded a permissible height, a bench in the dressing room exceeded the permissible length, and blocked aisles prevented his free movement throughout the store. After a bench trial, the district court concluded that Plaintiff had not proven a violation of the ADA or California law stemming from the barriers. The district court also denied Eddie Bauer’s motion for attorney fees under the California Disabled Persons Act (CDPA). The Ninth Circuit vacated and remanded the district court’s ruling with respect to the counters and otherwise affirmed, holding (1) Plaintiff was not required to present expert evidence checkout counter height, and the store’s provision of a clipboard was not an “equivalent facilitation” making the counter “accessible” under California law; (2) the dressing room bench qualified as an equivalent facilitation because Plaintiff was able to make a parallel transfer onto it from a wheelchair; (3) the blocked aisles did not constitute an ADA violation; and (4) Defendant was not entitled to attorney fees under the CDPA.
Court Description: Americans with Disabilities Act The panel affirmed in part and vacated in part the district court’s judgment after a bench trial in an action under the Americans with Disabilities Act and California state law.
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