Wilson
Wilson v. Pier 1 Imports (US), Inc.
Opinion
Opinion
Karlton, J.
AMENDED ORDER
On April 12, 2006, the court issued an order resolving the parties’ cross-motions for summary judgment in the above-captioned case. The court denied in part and granted in part the parties’ cross-motions. On April 26, 2006, defendants filed a motion to clarify the court’s order. Subsequently, both parties were asked to brief an additional issue, namely, whether a violation of the California Building Code also constitutes a violation of the Americans with Disabilities Act.
The court amends the April 12, 2006 as follows.
Plaintiff, Ronald Wilson, a disabled individual, sues under the ADA and various state disability laws. He alleges accessibility violations in place at the Pier 1 Imports store in Fairfield, California. He seeks both injunctive and monetary relief. The parties have filed cross-motions for summary judgment. I resolve those motions below.
I.
■FACTS
Wilson is a 69 year old male, who has been disabled since 1993. Wilson Dec. in Supp. of PL’s Mot. for Summ. J. (Wilson Dec.) at ¶ 2; Dep. at 25:12-13; 33:20-21; 65:11-25; PL’s SUF 1 ; Wilson Dec. at ¶ 3; Dep. at 115:5-8; 53:15-56:2.; PL’s SUF 2. He has severe degenerative joint disease in his neck, legs,…