A federal appeals court upheld dismissal of handicap access claims against retailer Bed Bath & Beyond in a dispute about clearance space for restroom doors in a Southern California store.
The 9th U.S. Circuit Court of Appeals Tuesday rejected the appeal of Chris Kohler, a paraplegic who sued saying the Americans with Disabilities Act requires maneuvering clearance next to the frame of a restroom door that must be pulled open.
Kohler argued unsuccessfully that the trial court was wrong to dismiss his claim.
The opinion was written by Judge Ronald Gould, who uses a wheelchair himself.
Kohler challenged access to the Lake Elsinore Marketplace story, claiming architectural barriers within the store and in the shopping center parking lot. Gould also held that BB&B, as a tenant, was not responsible for any parking lot limitations.
The court did overturn a holding that some of Kohler’s claims were frivolous and the imposition of BB&B’s legal fees on Kohler.
Joining Gould in the decision were Judges Stephen Reinhardt and visiting Judge Frederick Motz from Maryland.
Case: Kohler v. Bed Bath & Beyond, No. 12-56520
TrialInsider.com 