Lary Feezor v. Sears, Roebuck & Co.

MEMORANDUM

Lary Feezor appeals the district court’s grant of summary judgment against him as to his action brought pursuant to the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et. seq. (“ADA”) and California state law. We affirm. Because the parties are familiar with the history of the case, we need not recount it here. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we review a grant of summary judgment de novo. Metro. Life Ins. Co. v. Parker, 436 F.3d 1109, 1113 (9th Cir.2006).

An ADA plaintiff “can establish standing to sue for injunctive relief either by demonstrating deterrence, or by demonstrating injury-in-fact coupled with an intent to return to a noncompliant facility.” Chapman v. Pier 1 Imports (U.S.) Inc., 631 F.3d 939, 944 (9th Cir.2011). Where “the public accommodation being sued is far from the plaintiffs home,” a plaintiff shows “actual or imminent injury sufficient to establish standing” when he or she “demonstrates an intent to return to the geographic area where the accommodation is located and a desire to visit the accommodation if it were made accessible.” D’Lil v. Best W. Encina Lodge & Suites, 538 F.3d 1031, 1037 (9th Cir.2008). A…