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”), and also appeals the award of attorneys’ fees and costs to BB & B as a prevailing defendant. Regarding summary judgment, Kohler contends 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 that the district court erred in ruling that, BB & B, as a tenant, was not liable for ADA violations occurring in the parking lot outside of its store. Kohler further contends that the district court erred in concluding that several of his claims warranted the award of attorneys’ fees to BB & B; and that the district court erred in its calculation of fees awarded. We have jurisdiction under 28 U.S.C. § 1291 . We conclude that Kohler’s substantive claims related to maneuvering clearance and tenant liábility must be rejected and accordingly we affirm summary judgment. However, we agree that BB & B was not entitled to attorneys’ fees for any of Kohler’s claims, and so…