Antoninetti

ORDER

The opinion filed July 26, 2010 [ 614 F.3d 971 ] is amended as follows. On page 10643 [614 F.3d at 980] of the slip opinion, after the sentence, “We must therefore be ‘particularly cautious’ regarding ‘credibility determinations that rely on a plaintiffs past [Disabilities Act] litigation.’ Id,” insert the following text:

With these amendments, the petition for rehearing is DENIED. No judge has requested a vote on the petition for rehearing en banc. The petition for rehearing en banc is DENIED. No further petitions will be entertained.

OPINION

This case presents several issues involving the application of the Americans with Disabilities Act (“Disabilities Act” or “Act”) to a wheelchair-bound customer of the well-known Mexican fast-food restaurants operated by Chipotle Mexican Grill, Inc. (“Chipotle”). The question on the merits is whether the actions Chipotle took to accommodate the customer’s disability satisfied the requirements of the Act and its implementing guidelines. We hold that they did not and accordingly that Chipotle violated the Act. Another question is *1169 whether the district court erred in denying the customer injunctive relief. We hold that, under the…