Robin Fortyune v. City of Lomita

In this case, we must decide whether Title II of the Americans with Disabilities Act (“ADA”) requires local governments to provide accessible on-street parking in the absence of regulatory design specifications for on-street parking facilities. We hold that it does.

I. BACKGROUND

Robin Fortyune is a paraplegic who uses a wheelchair for mobility. He filed suit against the City of Lomita (“City”) in state court, alleging that he experiences “great difficulty, discomfort and, even[ ] fear for his safety” when frequenting facilities in the City because none of the City’s public on-street parking is accessible to people with disabilities. He brought claims under the ADA, 42 U.S.C. §§ 12101 et seq., and the California Disabled Persons Act (“CDPA”), Cal. Civ.Code §§ 54 et seq.

The City removed the case to federal court, and moved to dismiss Fortyune’s complaint under Federal Rule of Civil Procedure 12(b)(6). The City argued that, absent the adoption of ADA implementing regulations specifically targeted toward on-street parking, it is not required to provide accessible on-street parking. The district court denied the motion to dismiss, concluding that “the broad language of…