Gallagher

Factual and Procedural Background

San Diego Unified Port District (the District) was granted a summary judgment in its action for injunctive and declaratory relief against John Gallagher, for anchoring his two boats in Glorietta Bay in violation of San Diego Unified Port District Code section 4.30, 4.35 or 4.40. The court found Gallagher’s walking disability, which rendered him unable to handle the wind, waves and wake at the District’s designated long-term free anchorage, failed to create a triable issue under the federal Americans with Disabilities Act (hereafter ADA) ( 42 U.S.C. § 12101 et seq.), because the ADA does not apply to the regulation of recreational boating. The court further ruled that, even assuming the ADA applied to the District’s regulation of mooring, Gallagher would nevertheless be required to move from Glorietta Bay, because seven other paying anchorages were available. Accordingly, the court entered judgment, allowing Gallagher’s vessels to be towed. Gallagher appeals, contending the ADA applies. We agree and reverse, remanding for further proceedings in the trial court.

Discussion

On appeal from a summary judgment, we exercise an independent…