Madden
Madden v. Del Taco, Inc.
Opinion
Opinion
Butz, J.
In this case we decide that allowing a concrete trash container to block wheelchair access to a restaurant entrance is a prima facie violation of the Americans with Disabilities Act of 1990 (hereafter ADA) ( 42 U.S.C. § 12101 et seq.; Pub.L. No. 101-336 (July 26, 1990). 104 Stat. 327 ). Any such violation also violates California law (Civ. Code, § 54 et seq.), which requires full and equal access to a place of public accommodation for persons with disabilities. Accordingly, we conclude the trial court erred in granting summary adjudication in favor of the owner of the restaurant and shall reverse the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
Patrick Madden sued restaurant owner Del Taco, Inc. M,adden alleged he fell from his wheelchair and was injured when he attempted to pass a concrete trash container on a ramp leading to an entrance to a Del Taco restaurant. The trial court granted summary adjudication of no liability of Del Taco on Madden’s claim that having the trash container on the path to an entrance of the restaurant violated his right as an individual with a disability to full and equal access to a public accommodation.