Huezo

ORDER GRANTING PLAINTIFF’S MOTION FOR PERMANENT INJUNCTION

I. FACTUAL & PROCEDURAL BACKGROUND

On December 1, 2004, plaintiff Marvin Huezo filed this action against the Los Angeles Community College District (“the District”) and certain unnamed defendants. Huezo requires the use of a wheelchair or other mobility devices to attend classes and gain access to public facilities at Pierce College, a state community college located in the San Fernando Valley. Huezo alleged that defendants failed to make the educational facilities accessible to mobility-impaired persons and failed to provide “programs, services and activities” in a non-discriminatory manner to persons with mobility disabilities. On August 16, 2005, after the court granted the District’s motion to dismiss his initial complaint, Huezo filed a first amended complaint alleging two causes of action under Title II of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. §§ 12101 et seq., and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 .

On December 18, 2006, Huezo moved for partial summary judgment. He argued that the undisputed facts showed he was entitled to judgment as a matter of law on his…