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Article Excerpt
A wheelchair-bound paraplegic who sued a convenience store under the Americans with Disabilities Act (ADA) over barriers he encountered that prevented his access, as well as barriers that an expert noted during a site inspection, has constitutional standing to proceed with his suit, the Ninth Circuit has ruled. (Doran v. 7-Eleven, Inc., 506 F.3d 1191 (9th Cir. 2007).)
The district court had granted the defendant summary judgment, ruling that the plaintiff could not sue over barriers he had not encountered or had not known about.
"With regard to ADA suits, the district courts are always attempting to restrict the scope of standing, and, after time, the circuit courts reverse," said Miami plaintiff attorney Matthew Dietz, who handles ADA cases. "It's a constant...
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