Wilson

Wilson v. Pier 1 Imports (US), Inc.

Good Law
439 F. Supp. 2d 1054·2006 WL 1991450·18 Am. Disabilities Cas. (BNA) 618·2006 U.S. Dist. LEXIS 51080
United States District Court, Eastern District of CaliforniaJuly 14, 2006CIV. S-04-633 LKK/CMKCalifornia7,767 words

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,…

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