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Californians for Disability Rights v. Meryvn’s, LLC

Alameda County Superior CourtCase No. 2002-51738

Case Type:  Disability Discrimination

An action challenging Mervyn’s practice of denying access to its stores to individuals with mobility disabilities.  Following a lengthy bench trial, the trial court issued judgment for Mervyn’s, finding that its conduct did not violate federal or state disability access laws.  On appeal, the Court reversed and held that plaintiff made a prima facie showing that removal of architectural barriers in public accommodations was readily achievable; and the availability of new and remodeled stores owned by defendant, in which stores’ architectural barriers had been eliminated, did not satisfy defendant’s obligation, under ADA, of making defendant’s goods and services available to disabled individuals through alternative methods that were readily achievable.  Californians for Disability Rights v. Mervyn’s (2008) 165 Cal.App.4th 571.

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