Johnson v. Wayside Property, Inc.

MEMORANDUM AND ORDER RE: MOTION FOR SUMMARY JUDGMENT

Plaintiff Scott Johnson, who is wheelchair-bound, brought this action against defendants Wayside Property, Inc., and JC & M holding, Inc., the owners of Wayside Lumber. Plaintiff alleges that he encountered several barriers to access when he attempted to purchase wood at Wayside Lumber and asserts that these barriers to access violate the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”) and California law. Plaintiff now moves for summary judgment pursuant to Federal Rule of Civil Procedure 56.

I. Factual & Procedural History

Plaintiff is disabled and requires a wheelchair for mobility. (Johnson Decl. ¶2 (Docket No. 11 — 4).) In June 2018, plaintiff visited Wayside Lumber, a store operated by defendants, on two occasions to purchase items for a project. (Id. ¶ 5.) When plaintiff arrived at Wayside Lumber, he found that the only handicapped parking space was located on the far side of the lot, had faded signage, and did not have sufficient clearance for his wheelchair lift. (Id. ¶ 6-7.) The entrance to Wayside Lumber was equipped with a panel-style door handle, which plaintiff found difficult to use. (Id. ¶…