Kilgour

Kirk Kilgour and the California Association of the Physically Handicapped, Chapter *1009 50 (collectively, “Kilgour”) filed this .action against the City of Pasadena, Pasadena Tournament of Roses Association, and Bull, Stockwell & Allen (collectively, “the City”) alleging violations of 29 U.S.C. § 794 (b), 42 U.S.C. § 12131 et seq., 42 U.S.C. § 1983 , and various state statutes. The lawsuit settled a week after filing. Upon application for attorney fees, the trial court found that Kilgour’s lawsuit was not a “significant catalyst” in achieving relief. Accordingly, the court awarded no fees. The court alternatively determined that even if Kilgour was a prevailing party, “special circumstances” existed to justify an award of no fees. Kilgour appeals the fee determination. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and reverse and remand.

FACTUAL BACKGROUND

This lawsuit arose from renovations to the press box at Pasadena’s Rose Bowl. In 1990, the City began planning renovations to the press box and its luxury suites. A controversy arose between the California Attorney General and the City regarding whether the planned renovations complied with state and federal disability…