Botosan

Plaintiff-Appellee Kornel Botosan (“Ap-pellee”) filed a private action against Defendants-Appellants Chuck and Judith Ru-sten (the “Rustons”) and Paul McNally Realty, Inc., dba Realty World (“Realty World”; collectively, “Appellants”), alleging violations of the Americans With Disabilities Act (“ADA” or the “Act”), 42 U.S.C. § 12101 et seq., and California’s Unruh Civil Rights Act, Cal. Civ.Code § 51 et seq. Appellee claims he was denied access to Realty World’s real estate office due to a lack of handicapped parking. Appellants argue, inter alia, that Ap-pellee is not entitled to recovery because: (1) he did not provide notice of his ADA claim to a state or local agency charged with administering the relevant civil rights laws before filing suit; (2) McNally Realty assumed all liability for ADA compliance in its lease with the Rustons; (3) he did not prove actual damages; and (4) the ADA is an unconstitutional exercise of Congress’ commerce power and unconstitutionally vague. The district court ruled in favor of Appellee on all arguments. We affirm.

*830 I.BACKGROUND

Appellee is a paraplegic who requires the use of a wheelchair at all times. In December 1997, he visited Realty…