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Public Accommodations | Disability Access

 

• Action by consumer alleging that a golf course discriminated against him on the basis of sex under the Unruh Civil Rights Act and the Gender Tax Repeal Act when it sponsored a women’s golf day, which offered women discounts on playing golf, golf ball rentals, green fees, cart rentals, wine and other amenities. The golf course alleged that it had partnered with a women’s sports foundation to encourage women to play golf, a sport that has historically excluded women. As a result of the litigation, women’s golf days are no longer sponsored in California. Resolved following mediation.

 

• Action by tenant alleging that landlord failed to accommodate his disability or engage in the interactive process after tenant was injured and temporarily confined to a wheelchair. Tenant alleged that landlord discriminated against him because of his disability under the FEHA, Disabled Persons Act, Unruh Civil Rights Act, and the Los Angeles Civil and Human Rights Law. Landlord alleged that all building elements of its 2018-constructed apartment met the ADA, the California Building Code, and that the building had been inspected and permitted by the city. When the wheelchair lift required maintenance, management immediately called the manufacturer and repair persons. Any delay in finally obtaining service was not under landlord’s control, because of business closures under the COVID-19 pandemic, the resulting supply chain’s backlog on parts, and the Christmas holiday. A temporary halt in the operation of an interior elevator was similarly caused by an area-wide power outage. Moreover, landlord alleged that tenant had not paid rent for 18 months under the California COVID-19 Rent Relief program. Resolved by mediator’s proposal.

 

• Action by deaf minor alleging that an urgent care center, to which she was admitted for a mental health evaluation, failed to reasonably accommodate her with an American Sign Language (ASL) interpreter or any auxiliary services.  Minor alleged the center engaged in disability discrimination in violation of the Americans with Disabilities Act, section 504 of the Rehabilitation Act, and the Unruh Civil Rights Act. The center alleged that the minor never requested an ASL interpreter, that she could communicate in written English, and that she was released to go home as requested after two hours. Resolved by mediator’s proposal.

 

• Action by deaf homeowner alleging that her homeowners’ association (HOA) refused to reasonably accommodate her with an American Sign Language (ASL) interpreter at two board meetings.  Instead HOA told homeowner that she would have to pay for and bring her own interpreter.  Homeowner alleged HOA engaged in disability discrimination under the Fair Housing Amendments Act, Fair Employment and Housing Act, and Unruh Civil Rights Act.  HOA alleged its board had engaged in the interactive process by promising to speak slowly at the meeting, and alleged it was not required to provide an ASL interpreter at its board meetings.  Resolved by mediator’s proposal.

 

• Action by consumer in a wheelchair alleging the property owner and lessee of a restaurant violated federal and state public accommodations and disability access laws on the business’ non-compliant restroom sink, mirror, grab bar, door handle, door width, counter, point of sale machine and door mat. The owner and restaurant alleged that any architectural barriers had been removed and the establishment was in compliance.  Resolved by court-ordered mediation.

 

• Action by consumer with mobility disability alleging the property owner of a convenience store business violated federal and state public accommodations and disability access laws on the non-compliant grade in its disability parking space. The owner and business alleged the grade complied with applicable law.  Resolved by mediator's proposal.

 

• Action by consumer with disability alleging a massage business violated federal and state public accommodations and disability access laws on its noncompliant grade in its disability parking space.  The business alleged it had no control over the parking lot, which was the responsibility of the commercial landlord.  The business cross claimed against the commercial landlord, who alleged the grade complied with the ADA.  Resolved by mediator’s proposal.

 

• Action by consumer in wheelchair alleging a car wash business violated federal and state public accommodations and disability access laws on its non-compliant point-of-sale counter and men’s restroom. The business alleged that it made modifications to comply with the law. Resolved by mediator’s proposal.

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• Action by consumer in wheelchair alleging a shoe store violated federal and state public accommodations and disability access laws on its non-compliant point-of-sale counter. The business alleged that it has no point-of-sale counter, and instead uses only portable tablets for conducting sales throughout the store, which complies with the ADA regulations. Resolved in mediation.

 

• Action by consumer with mobility impairment alleging a smog test business violated federal and state public accommodations and disability access laws on its non-compliant disability parking spaces and signage. The business alleged it had corrected any non-conformities and plaintiff lacked standing. Resolved in mediation.

 

• Action by consumer in wheelchair alleging an auto parts business violated federal and state public accommodations and disability access laws on its non-compliant disability parking spaces and signage. The business alleged it had corrected any non-conformities. Resolved by mediator's proposal.

 

• Action by consumer in wheelchair alleging a cannabis business and the property owner violated federal and state public accommodations and disability access laws on their non-compliant disability parking space and point-of-sale counter. The business and landlord alleged they corrected any non-conformities. They also alleged the matter was moot, because new zoning regulations no longer permit retail stores at that location and the business was no longer at the property. Resolved by mediator's proposal.

 

• Appeal by parent alleging a county child protective agency had wrongfully and permanently removed her child without a warrant. She further alleged that the government made false statements about her perceived mental illness in violation of her constitutional due process under 42 U.S.C. §1983, and discriminated against her in violation of the ADA and the Unruh Civil Rights Act, warranting higher attorneys' fees than the amount awarded at trial. The government's cross-appeal alleged plaintiff was not regarded as having a disability, as well as res judicata, instructional error, qualified immunity, lack of substantial evidence, and insufficiency of the evidence. Case litigated for seven years. Resolved through mediation.

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• Class action by deaf undocumented immigrant with a criminal record and a non-profit organization alleging that the U.S. government and a municipality had discriminated against detainees with hearing impairments by failing to provide American Sign Language interpreters. The detainee alleged she was not accommodated during her five-months incarceration in city jail, where she underwent oral surgery and was medicated without informed consent, and could not readily communicate with her lawyers. The government agencies alleged that their policies and procedures were in compliance with applicable law. Resolved by mediator’s proposal.

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• Class action by 18 to 21-year-old, disabled incarcerated inmates in county jails alleging failure of multiple state, regional and local agencies to provide them with special education required by federal law. The public agencies alleged their policies and procedures comply with applicable law. This case commenced in 2008, was removed to federal court, and had been appealed at various levels, including the California Supreme Court. Case litigated for 10 years of which portions of the class action were settled. Fully resolved by mediator’s proposal.

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• Action by consumer in wheelchair alleging a department store violated federal and state public accommodations and disability access laws on its non-compliant point-of-sale machines, and the cashier had allegedly stated that the devices could not be removed to accommodate her, who then allegedly relied on another consumer to swipe her credit card and enter her pin number.  The business alleged it was in compliance with applicable law. Resolved by mediator's proposal.

 

• Action by blind consumer alleging a restaurant denied access to her, her companions, and her guide dog in violation of federal and state disability access and public accommodations laws. The restaurant alleged that no dogs are allowed without exception. Resolved following mediation.

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• Action by disabled consumer in wheelchair alleging a print shop business violated federal and state public accommodations and disability access laws on a non-compliant handicapped parking space and signage. The business alleged it had corrected the non-conformity and the consumer never entered the establishment. Resolved by mediator’s proposal.

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• Action by disabled consumer in wheelchair alleging flight school discriminated against her for her disability and failed to provide any conforming handicapped parking space and signage for her to take a free test flight. The flight school alleged it did not have control over the common areas in its rented space and any nonconformance had been corrected. Resolved by mediator’s proposal.

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• Action by disabled consumer in wheelchair alleging auto shop discriminated against him for his disability by blocking access to handicapped parking at the premises. The business alleged it did not have control over the common areas in its rented space and any nonconformance had been corrected. Resolved by mediator’s proposal.

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• Action by disabled passenger in wheelchair alleging public transit authority failed to comply with disability access and public accommodations laws, and committed various torts when she was injured while boarding a bus. The public transit authority alleged it had complied with applicable law and the passenger was not injured. Resolved by mediator’s proposal.

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• Action by disabled passenger in wheelchair alleging shuttle bus company failed to comply with disability access and public accommodations laws, and denied him and his companion use of the public transit. The company alleged it did provide service to the passenger and his companion on the next available shuttle bus. Resolved by mediator’s proposal.