Wilson

ORDER

This court recently issued an order in the above-captioned case denying defendants’ motion to declare plaintiff and his attorney vexatious litigants. Wilson v. Pier 1 Imports, 411 F.Supp.2d 1196 , 2006 WL 213823 (E.D.Cal.2006). The parties have also filed cross-motions for summary judgment. This order addresses one aspect of those motions.

As the previous order noted, plaintiff is a person with a disability who, on various occasions, has visited the store the defendants own and operate in Fairfield, California. He asserts that during his visits he has encountered various physical barriers to his enjoyment of the facility. By virtue thereof, he alleges that the defendants violated Title III of the Americans with Disabilities Act, 42 U.S.C. §§ 12181 et seq. and California’s Unruh Civil Rights Act, Cal. Civ.Code §§ 51 et seq.

Attached as Exhibit A to plaintiffs complaint is “a true and accurate list, to the extent known by [plaintiff], (with photos) of the barriers that denied him access to the store, or which he seeks to remove on behalf of others.” Compl. at ¶ 19. That list contains fifteen alleged violations.

After the filing of the complaint, Joe Card, who plaintiff…