Suit Against City Based Upon Americans with Disabilities Act Will Proceed.

A paraplegic who uses a wheelchair filed suit, pursuant to 42 U.S.C. § 12101 [Americans with Disabilities Act; ADA] and Civil Code section 54 [Disabled Persons Act], against a City, alleging he experiences great difficulty, discomfort and fear for his safety when frequenting facilities in the City because none of the City’s on-street parking is accessible to people with disabilities. The City removed the matter to federal court and made a motion to dismiss, which the district court denied. The Ninth Circuit affirmed, stating: “[P]ublic entities must ensure that all normal governmental functions are reasonably accessible to disabled persons, irrespective of whether the [Department of Justice] has adopted technical specifications for the particular types of facilities involved.” (Fortyune v. City of Lomita (Ninth Cir.; September 5, 2014) 766 F.3d 1098.)