Chapman v. Pier 1 Imports (U.S.) Inc.

OPINION .

Byron Chapman, a wheelchair user, challenged numerous alleged barriers to access at Pier 1 Imports (U.S.) Inc.’s store in Vacaville, California (the “Store”) in a suit first filed in 2004. Chapman claimed that the alleged barriers denied him “full and equal” access to the Store in violation of the Americans with Disabilities Act (“ADA” or “the Act”). 42 U.S.C. § 12182 (a). Seven years later, after an appeal to this Court, the district court held that the. obstructions in shopping aisles and on sales counters Chapman encountered on numerous visits to the Store violated his rights under Title III of the ADA, 42 U.S.C. § 12181 et seq. Having so concluded, the court granted Chapman’s motion for summary judgment and enjoined Pier 1 from obstructing its aisles and counters in the future.

Pier 1 appeals, arguing that the alleged obstructions are “temporary” barriers to access under the ADA’s implementing regulations and so do not violate Chapman’s rights under the Act. 28 C.F.R. § 36.211 (b). We affirm in part, reverse in part, and remand.

I. Background

This appeal is another chapter in this case’s lengthy history. Byron Chapman is disabled by a spinal cord injury and…