Oliver
Oliver v. Ralphs Grocery Co.
Opinion
Opinion
Ikuta, J.
A.J. Oliver is a disabled individual who requires the use of a motorized wheelchair to get around. On December 7, 2007, Oliver filed a lawsuit against Ralphs Grocery Company (“Ralphs”) and Cypress Creek Company (“Cypress Creek”) alleging that a Food 4 Less grocery store in Chula Vista, California did not comply with the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§ 12101 12213, and certain state laws. The district court granted summary judgment to the defendants on Oliver’s ADA claim and dismissed his state law claims without prejudice. We affirm.
I
A
In order to address Oliver’s arguments, it is first necessary to understand the requirements imposed by the ADA. Title III of the ADA prohibits discrimination on the basis of disability in the “full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation” with a nexus in interstate commerce. 42 U.S.C. §§ 2000a(b), 12182(a). Compliance with the ADA requires that new facilities be “readily accessible to and usable by individuals with disabilities,” unless this would be “structurally impracticable.” § 12183(a)(1).