White

White v. Divine Investments Inc.

Good Law
286 F. App'x 344
United States Court of Appeals for the Ninth CircuitJune 5, 2008No. 05-17077California569 words

Opinion

Lead Opinion

MEMORANDUM **

Sherrie White, a quadriplegic who uses a wheelchair, appeals the district court’s entry of summary judgment in favor of Walter and Carolyn Richey (the “Rich-eys”) in her action under Title III of the Americans with Disabilities Act. We have jurisdiction under 28 U.S.C. § 1291 , and *346 we affirm in part, reverse in part, and remand.

The first issue on appeal is whether White has standing to seek injunctive relief with respect to architectural barriers she neither encountered nor was aware of during her visit to the River Mart gas station and convenience store, but became aware of after the filing of her complaint as a result of her expert’s visit to “audit” River Mart for compliance with disability access laws. Our recent decision in Doran v. 7-Eleven, Inc., 524 F.3d 1034 (9th Cir. 2008), establishes that White does have standing with respect to such barriers. Accordingly, we reverse the grant of summary judgment in favor of the Richeys on this issue and remand to the district court for further proceedings.

The second issue on appeal is whether White may maintain a discrimination action under Title III of the ADA for a violation of her “full and equal enjoyment”…

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