Ronald Moore v. Robinson Oil Corp

Good Law
588 F. App'x 528
United States Court of Appeals for the Ninth CircuitOctober 16, 201412-16536California841 words

Opinion

Opinion

MEMORANDUM

Ronald Moore appeals the district court’s judgment entered in favor of defendant/appellee Robinson Oil Corp. (“Robinson”), concluding that Moore failed to establish that Robinson violated Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181-12189 . The district court also dismissed Moore’s parallel state-law claims, finding that each was contingent on first finding liability under the ADA. We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

The district court did not abuse its discretion by concluding that Moore’s restroom construction proposal was not “readily achievable” under 42 U.S.C. § 12182 (b)(2)(A)(iv). At trial, Robinson presented evidence that Moore’s proposal was a significant, costly endeavor, which would require, inter alia, removing load bearing walls and existing plumbing, installing support columns to support the roof, and reroofing the facility. Given that Robinson presented ample evidence about the cost and scope of Moore’s construction proposal, the district court did not abuse its discretion by concluding that the proposal was not “easily accomplishable and able to be carried out without much difficulty or expense.”…

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