Chapman

I. BACKGROUND

Chapman suffers from a spinal cord injury that requires him to use a motorized wheelchair to travel in public, and is therefore considered “physically disabled” by California and federal laws. While visiting the Store on either May 22 or June 1, 2004, Chapman encountered five alleged accessibility barriers to his use of the men’s restroom (the “encountered alleged barriers”).

Chapman did not experience any other alleged barriers dur- ing his Store visits. Further, despite encountering these barri- ers, Chapman testified that he was not deterred from visiting the Store or using the restroom, that he intended to return to the Store in the future, and that he may already have done so.

Chapman filed his unverified Complaint on July 13, 2004, alleging that the Store did not comply with ADA and Unruh Civil Rights Act accessibility requirements. Chapman attached a “Survey of Access Code Violations” to his Com- plaint (the “Accessibility Survey”). Chapman alleges that the Complaint and Accessibility Survey present a “true and accu- rate list (with photos) of the barriers that denied him access to the Store, or which he seeks to remove on behalf of others.” The…