Lieber

Lieber v. MacY's West, Inc.

Good Law

80 F. Supp. 2d 1065·1999 WL 989736·1999 U.S. Dist. LEXIS 16906

United States District Court, Northern District of CaliforniaOctober 28, 1999C96-2955 MHPCalifornia10,102 words

Opinion

Patel, J.

FINDINGS OF FACT AND CONCLUSIONS OF LAW

Plaintiffs are persons with disabilities who have asserted a number of barriers to access at Macy’s Union Square department store. Some of the barriers allegedin this action are inaccessible merchandise sales counters (referred to by Macy’s as “cashwraps”), inaccessible fitting rooms, inaccessible restrooms, blocked main or secondary aisles, and a number of other miscellaneous access barriers. However, the central issue in the case concerns the extent to which Macy’s provides enough clearance between display units for people with certain mobility disabilities, such as wheelchair users, to access the merchandise on display.

The court conducted a bench trial in this action. Having considered the testimony and evidence presented at trial, the briefs of counsel, and for the reasons set forth below, the court now enters the following Findings of Fact and Conclusions of Law in accordance with its obligations under the Federal Rules of Civil Procedure. See Fed. R. Civ. Proc. 52(c) (A judgment under Rule 52(c) “shall be supported by findings of fact and conclusions of law as required by subdivision (a) of this rule.”).

FINDINGS OF FACT

1. Macy’s…

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