William Cohen v. City of Culver City

dissenting in part:

I agree with the district court’s grant of summary judgment in favor of defendant Exchange Club of Culver City on William Cohen’s claims predicated on the Disabled Persons Act (DPA) and his claims predicated on the Unruh Civil Rights Act.

I do not agree that the sidewalk Cohen sought to use was “the only disabled access route that he knew about.” As the district court noted, there was undisputed evidence in the record that two wheelchair access ramps were located 20 yards east and 90 yards west of the location where Cohen chose to access the sidewalk. Cohen offered no explanation regarding his failure to utilize either of these alternative access routes and never expressed any lack of knowledge of their existence. California courts have not found denial of equal access where an alternative access route is available. See Urhausen v. Longs Drug Stores California, Inc., 155 Cal.App.4th 254, 265-66 , 65 Cal.Rptr.3d 838 (2007). Therefore, I respectfully dissent from that portion of the disposition reversing the district court’s grant of summary judgment on Cohen’s claim under the DPA.

MEMORANDUM *

William Cohen appeals the district court’s grant of summary judgment for the defendants in this action under the federal Americans with Disabilities Act of 1990 (ADA) and California statutes. Cohen’s claims arise from injuries he sustained when a vendor’s display at a public street fair blocked a disabled access curb ramp, leading Cohen to trip and fall as he attempted to step up on to the sidewalk. In a published opinion accompanying this disposition, we reverse the district court’s grant of summary judgment for the City of Culver City as to Cohen’s claims under the ADA and two California statutes: the Disabled Persons Act (DPA) and the Unruh Civil Rights Act. Here, we address Cohen’s claims against the Exchange Club of Culver City (“the ECCC”) under the DPA and the Unruh Act. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse in part and affirm in part.

1. The district court erred by granting summary judgment for the ECCC on Cohen’s DPA claim on the ground that Cohen was not “denied access to any facilities.” A plaintiff may be denied full and equal access to a facility without having been denied physical access it to it entirely. See Madden v. Del…

FILED

NOT FOR PUBLICATION JUN 06 2014

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

WILLIAM C. COHEN, an individual, No. 13-55079

Plaintiff - Appellant, D.C. No. 2:12-cv-00156-RGK-

PJW

v.

CITY OF CULVER CITY and MEMORANDUM*

EXCHANGE CLUB OF CULVER CITY,

a California corporation,

Defendants - Appellees.

Appeal from the United States District Court for the Central District of California R. Gary Klausner, District Judge, Presiding

Argued and Submitted December 2, 2013 Pasadena, California

Before: D.W. NELSON, WARDLAW, and RAWLINSON, Circuit Judges.

William Cohen appeals the district court’s grant of summary judgment for

the defendants in this action under the federal Americans with Disabilities Act of

1990 (ADA) and California statutes. Cohen’s claims arise from injuries he

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. sustained when a vendor’s display at a public street fair blocked a disabled access

curb ramp, leading Cohen to trip and fall as…