Kohler v. Bed Bath & Beyond of Cal., LLC

by
Plaintiff, who was disabled and used a wheelchair, brought suit against Bed Bath & Beyond of California (BB&B), claiming violations of Title II of the Americans with Disabilities Act (ADA) and related state law provisions for ten purported access barriers. The district court granted summary judgment for BB&B and concluded that several of Plaintiff’s claims warranted an award of attorneys’ fees to BB&B. The Ninth Circuit affirmed in part and reversed in part, holding (1) the district court correctly granted summary judgment in favor of BB&B, as (i) Plaintiff’s claim regarding clearance next to a restroom door in a store was without merit, as the ADA Accessibility Guidelines do not require any length of wall space on the side of the doorframe opposite the hinges; and (ii) BB&B, as a tenant, was not liable for ADA violations occurring in the parking lot outside of its store where that area was controlled by the landlord and not leased by Defendant; but (2) the district court erred in concluding that eight of Plaintiff’s ten claims were frivolous, and therefore, BB&B was not entitled to attorneys’ fees for any of Plaintiff’s claims. View "Kohler v. Bed Bath & Beyond of Cal., LLC" on Justia Law