AFFIRMED in part, REVERSED in part, and REMANDED. However, the panel reversed Chapman’s grant of summary judgment concerning the sales counters because the obstructions on the counter did not deny him full and equal access due to their temporary nature. require that a public accommodation ‘maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities…’” and, (2) “he requirement that public accommodations maintain ‘readily accessible’ facilities and equipment ‘does not prohibit isolated or temporary interruptions in service or access due to maintenance or repairs.’” Even though Pier 1’s aisles complied with the ADA on several occasions and store policies were supposed to reduce obstructions, the fact that the aisles were in noncompliance on multiple occasions showed that the obstructed aisles were not “isolated or temporary interruptions.” The panel therefore affirmed Chapman’s grant of summary judgment as to the aisles denying him full and equal access. Pier 1 appealed, and the Ninth Circuit reviewed the complaint based on: (1) “egulations implementing ADA Title III. The district court granted Chapman’s cross-motion for summary judgment and denied Pier 1’s motion for summary judgment. Chapman subsequently filed a Second Amended Complaint and Pier 1 again filed a motion for summary judgment claiming that the obstructions were temporary. Buy It Now 21 Results Brand: Pier 1 Imports Color Number of Items in Set Condition Price All Filters Hanging Rope Chair with Rope Rainbow Canvas Cotton With Pillows Single Chair 26.99 Free shipping SPONSORED vintage Pier 1 imports wicker and rattan lounge chair 1,249. However, Chapman’s grant of summary judgment was vacated following Pier 1’s appeal. Following motions for summary judgment filed by both Chapman and Pier 1, the district court granted summary judgment to both parties. (“Pier 1”) under the Americans with Disabilities Act (”ADA”) claiming that a Pier 1 store had denied him full and equal access due to obstructions in the aisles and on the sales counters. If you want to start a new career, you can make a fresh start by applying for job at Pier 1 Imports. Judge(s)/Court Below: Circuit Judge Berzon for the Court Circuit Judge Rawlinson and Senior District Judge BuckloĮven if a public accommodation has an obstruction, the facility may still be in compliance with the Americans with Disabilities Act and afford those individuals with disabilities full and equal access if the obstruction is only isolated and temporary.īyron Chapman sued Pier 1 Imports Inc.Court: 9th Circuit Court of Appeals Archives.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |