Doran
Doran v. North State Grocery, Inc.
Opinion
Opinion
Robie, J.
In this case involving disability discrimination under the Unruh Civil Rights Act (the Act) (Civ. Code, § 51), we hold that under the plain language of section 52, subdivision (a), only one who “denies, aids or incites a denial, or makes any discrimination or distinction contrary to Section 51, 51.5, or 51.6,” is liable for attorney fees in an action under section 52. Because there was no such finding against the defendant in this case and the plaintiff cannot seek to establish such a finding at this late stage, we shall reverse the award of attorney fees.
FACTUAL AND PROCEDURAL BACKGROUND
Plaintiff Jerry Doran is a paraplegic who uses a wheelchair for mobility. He was a “customer or would-be customer” of two grocery stores in Anderson and Paradise owned and operated by defendant North State Grocery, Inc. (North State).
Doran claimed that on at least nine occasions between September 1998 and March 1999, he “either faced . . . illegal barriers [inside these grocery stores] or was deterred from patronizing the store[s] because of his knowledge of the illegal barriers . . . .” These architectural barriers included “a lack of accessible paths of travel, [a] lack of…