Molski

Jarek Molski (“Molski”) appeals the District Court’s denial of his motion for a new trial following a jury verdict in favor of M.J. Cable Inc., owner of Cable’s Restaurant (“Cable’s”). Molski, who is paraplegic, sued Cable’s for violations of the Americans with Disabilities Act (“ADA”) and California’s Unruh Civil Rights Act (“Unruh Act”), alleging that Cable’s failed to accommodate the disabled. Although Molski provided uncontradicted evidence that Cable’s did not identify and remove architectural barriers, the jury returned a verdict for the restaurant. The District Court denied Molski’s motion for a new trial, speculating that the jury could have reasonably concluded that because of Mol-ski’s record of litigiousness, he was a “business” and not an “individual” entitled to the ADA’s protections. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Molski is a paraplegic who has been confined to a wheelchair since a motorcycle accident paralyzed him at the age of 18. Considered by some to be a controversial figure, Molski has brought hundreds of lawsuits against inaccessible public accommodations throughout California. Molski considers himself a civil rights activist who uses…