Newport Beach Civil Rights Attorneys Secure Summary Judgment for Paraplegic Man - Judge Orders Shopping Center to Provide Accessible Parking as Required by ADA

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Jan 11, 2022, 21:21 ET

NEWPORT BEACH, Calif., Jan. 11, 2022 /PRNewswire/ -- The civil rights attorneys at Manning Law, APC secured summary judgment in federal district court for the Central District of California in an important civil rights law enforcement action. The civil law enforcement action was filed under the Americans with Disabilities Act ("ADA") and the California Unruh Civil Rights Act ("Unruh Act").

The ADA and Unruh Act lawsuit challenged the excessive slopes encountered by Manning Law, APC client Anthony Bouyer in the parking space provided for persons with disabilities at a JOANN fabric and craft store where he was a customer. In the litigation, Mr. Bouyer described the difficulty posed by the excessive slopes in the access aisle provided as part of the accessible parking for the JOANN store. He also described how the access aisle required for persons with disabilities in connection with the accessible parking space was on the wrong side of the space, also causing him difficulty when accessing the store.

"The Department of Justice has identified an accessible approach and entrance to public accommodations as its first priority under Title 3 of the ADA and that was our focus here" according to firm founder and lead counsel Joseph R. Manning, Jr. Manning continued, "as is common, the defendant here reflexively denied the existence of any violation of the ADA and we were required to go through the expensive and time consuming process of seeking summary judgment."

On January 4, 2022, United States District Court Judge Percy Anderson granted the Motion for Summary Judgment filed by Mr. Bouyer in the matter of Anthony Bouyer v. Santa Susana GRF2, LLC, et al. filed in the Central District of California as Case No. 2:21-cv-00576-PA-JC. In the detailed Court Order issued prior to issuance of the Judgment, the court found that Bouyer had proven the existence of architectural barriers prohibited under the ADA. In the Judgment issued, the Court held that "Defendant is ordered to provide an accessible parking space at the property located at 2242 Tapo St., Simi Valley, California, in compliance with the Americans with Disabilities Act Accessibility Standards."

"These small, seemingly mundane cases are where the rubber meets the road in ADA enforcement – and we are proud of our contribution to improving access for Mr. Bouyer and all persons with disabilities that may benefit" said Craig G. Cote, senior counsel for Manning Law, APC. Babak (Bobby) Hashemi, who also represents Mr. Bouyer and other disabled persons in accessibility litigation, said "this ruling is significant in validating efforts to make public accommodations more accessible as required by the ADA."

"We take great pride in the service we render to the community of persons with disabilities in California and throughout the United States – from this case to our precedent setting litigation making websites and mobile applications accessible to the visually impaired – we are driven to obtain results for our clients" said Manning Law, APC co-founder Michael J. Manning.