Kohler v. Presidio International, Inc.

Chris Kohler appeals the district court’s rulings in favor of defendant Eddie Bauer following a bench trial on Kohler’s claims under the “Americans with Disabilities Act” (“ADA”). Eddie Bauer cross-appeals the district court’s denial of its motion for attorneys’ fees. We vacate and remand in part and affirm in part.

I.

Kohler is disabled and uses a wheelchair. In June 2010, Kohler visited an Eddie Bauer Outlet store in Cabazon, California and purchased a shirt. Kohler alleges that while shopping he encountered a series of obstacles that prevented his full use and enjoyment of the store. The three obstacles that are relevant to this appeal were: (1) checkout counters that exceeded a permissible height, (2) a bench in the dressing room that exceeded the length required by the ADA, and (3) blocked aisles that prevented his free movement throughout the store.

Six days after his visit, Kohler brought suit against Eddie Bauer for violations of the ADA, the California Disabled Persons Act' (“CDPA”), the California Unruh Act, and the California Health and Safety Code. After denying Eddie Bauer’s motion for summary judgment, the district court held a two-day bench trial. The…