Saturday, October 15, 2005

E.D. Cal. Limits Standing in ADA Title III Cases

In White v. Divine Investments, Inc., 2005 WL 2491543 (E.D. Cal., Oct. 7, 2005), the U.S. District Court for the Eastern District of California held, for the second time in a couple of months, that plaintiffs challenging inaccessible public accommodations under ADA Title III have standing only to challenge those architectural barriers they knew of at the time they filed their lawsuit. If plaintiffs subsequently identify barriers in the store or facility, they cannot seek an injunction eliminating them. This decision doesn't make much sense to me, and it seems inconsistent with an Eighth Circuit opinion, but it's consistent with judges' efforts to restrict public accommodations suits under Title III.


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