Martinez
Martinez v. Longs Drug Stores Corp.
Opinion
Lead Opinion
MEMORANDUM **
Tony Martinez, a paraplegic who requires a wheelchair for mobility, appeals the district court’s entry of summary judgment in favor of Longs Drugs Stores, Inc. (Longs) in his action under Title III of the Americans with Disabilities Act (ADA) and related state disability access laws. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm in part, reverse in part, and remand.
The first issue on appeal is whether Martinez has standing to seek injunctive relief with respect to architectural barriers he neither encountered nor was aware of during his visit to Longs’ store, but which were identified in an “accessibility report” for the store completed by his expert after his complaint was filed. Our recent decision in Doran v. 7-Eleven, Inc., 524 F.3d 1034, 1042-43 (9th Cir.2008), establishes that Martinez does have standing with respect to such barriers. Accordingly, we reverse the grant of summary judgment in favor of Longs on this issue and remand to the district court for further proceedings.
The second issue on appeal is whether the district court erred in not granting Martinez injunctive relief with respect to the barriers that Martinez did actually…