Court Holds Plaintiff Fails to Show Violation

Court Holds Plaintiff Fails to Show Violation of ADA

A Ninth Circuit Court of Appeals held that a plaintiff failed to show violations of the Americans with Disabilities Act (“ADA”) in a commercial property. In Kohler, Plaintiff was wheelchair bound. Plaintiff sued Bed Bath & Beyond for violations of the ADA after he encountered alleged obstacles in using the restroom at a Bed Bath & Beyond retail store. According to plaintiff, the store failed to provide appropriate clearance to allow him to maneuver his wheelchair. The Federal District Court rejected plaintiff’s claims and granted summary judgment in favor of the defendant. The Court of Appeals affirmed, holding that the regulations cited by plaintiff failed to support his claim. The court held that the regulations pertain to floor clearance and not wall clearance. The court further found that the clearance guidelines pertaining to doors did not apply to the restroom in question because the door did not have a latch. The door had a stop to prevent it from swinging in two directions, but did not have a latch that could be manipulated. Therefore, the ADA regulations did not apply.

Shannon B. Jones, Partner,