Kohler v. Bed Bath & Beyond of California, LLC

Chris Kohler appeals from a grant of summary judgment to defendant Bed Bath & Beyond of California (“BB & B”) on Kohler’s claims under Title III of the Americans with Disabilities Act (“ADA”). Kohler contends: (1) that the district court erred in concluding that the ADA does not require wall space within the maneuvering clearance next to the frame of a restroom door that must be pulled open, and (2) that the district court erred in ruling that, because the door lacked a “latch” within the meaning of standards governing ADA compliance, no maneuvering space was required next to the frame of a restroom door that must be pushed open. We have jurisdiction under 28 U.S.C. § 1291 . We conclude that Kohler’s claims related to the necessary maneuvering clearance must be rejected. We affirm.

I

Kohler is paraplegic and requires the use of a wheelchair to move in public. On two days in May 2011, Kohler used the restroom in the BB & B store in Riverside, California. During those visits he encountered purported architectural barriers that he claimed impeded his ability to fully use the store. The alleged barriers relevant to this appeal relate to floor and wall space adjacent to the…