Miller v. California Speedway Corp.

ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

This matter is before the Court on the parties’ cross-Motions for Summary Judgment (plaintiffs, filed on January 30, 2006, and defendant’s, filed on January 31, 2006). The Court has read and considered the moving, opposition, and reply documents, as well as an evidentiary objection and the parties’ evidence. The Court has also considered an Amicus Brief, filed by the United States Department of Justice on June 9, 2006, and defendant’s Reply thereto. The matter was heard on August 28, 2006. Pursuant to the evidence presented and arguments offered by the parties, the Court issues the following order DENYING plaintiffs Motion for Summary Judgment and GRANTING defendant’s Motion for Summary Judgment.

I. Nature of the Case and Issue Presented

This action is brought pursuant to Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181-12189 , and arises out of the inability of a wheelchair-bound NASCAR race spectator to see over the heads and bodies of ambulatory spectators who stand during the exciting parts of NASCAR races. In addition to the ADA claim,…