6 March 2015: Ninth Circuit Court of Appeals, re: Kohler v. Flava
The PDFs below show that both the Ninth Circuit Court of Appeals and the United States District Court agreed with CJA’s attorney David Warren Peters that the ADAAG did not require a dressing room bench to be exactly 48 inches wide, as the plaintiff’s attorneys in this case had contended in lawsuits filed against hundreds of defendants. If they’d have been correct, hundreds– and possibly hundreds of thousands– of retail locations throughout the United States would have required costly and immediate alterations of this very common condition (i.e., a dressing room bench which is longer than 48 inches). On information and belief, hundreds of defendants paid settlements to avoid litigating this issue.
Plaintiff’s counsel: Lynn Hubbard, III, and Scottlynn Hubbard, IV, of the Disabled Advocacy Group, APLC
Defense counsel: David Warren Peters