Chris Kohler v. Flava Enterprises

Chris Kohler appeals the district court’s grant of summary judgment to defendant Flava Enterprises Inc. (“Flava”), on Kohler’s claim under Title III of the Americans with Disabilities Act (“ADA”). Kohler appeals only the district court’s conclusion that a dressing room bench longer than forty-eight inches complies with the Americans with Disabilities Act Accessibility Guidelines (“ADAAG”). We affirm. Flava cross-appeals the district court’s denial of Flava’s .motion for attorneys’ fees. We affirm the district court’s ruling on attorneys’ fees.

I.

Kohler is disabled and uses a wheelchair. In February 2010 he visited Flava’s retail clothing store “House of Flava” to browse and try on clothing. While doing so, he allegedly encountered various barriers that interfered with his ability to use and enjoy “House of Flava.” The barrier he encountered that is relevant to this appeal was a bench in the dressing room that was longer than forty-eight inches and ran along the entire length of the dressing room wall. This arrangement prevented Kohler from making a diagonal transfer onto the bench from his wheelchair.

Kohler filed suit against Flava alleging violations of Title III of…