Kalani v. Starbucks Corp.

117 F. Supp. 3d 1078, 2015 U.S. Dist. LEXIS 98543, 2015 WL 4571561
District Court, N.D. California·Decided July 28, 2015·No. Case No. 13-CV-00734-LHK·Published·Cited by 5 cases

Opinion

FINDINGS OF FACT AND CONCLUSIONS OF LAW

LUCY H. KOH, United States District Judge

This case centers on a dispute between Robert Kalani (“Plaintiff”) and Starbucks Corporation (“Defendant”) .regarding the use of Defendant’s interior wheelchair accessible tables at Starbucks Coffee store number 6931 (“Store”). Plaintiff claims that Defendant’s orientation of the Store’s interior accessible tables violates 42 U.S.C. § 12182 (“Title III”) of the Americans with Disabilities Act (“ADA”) by requiring individuals in wheelchairs to be seated facing the wall with their backs to the inside of the Store. Particularly, Plaintiff claims the orientation of the interior accessible tables violates 42 ' U.S.C. §§ 12182(b)(l)(A)(ii), (iii) ' and 12182(b)(1)(B). Joint Pretrial Statement, (“JPS”), ECF No. 90 at 6. Plaintiff seeks attorney’s fees, costs, litigation expenses, and an injunction requiring Defendant to locate at least one interior accessible table such that an individual in a wheelchair can be seated facing the inside of the Store rather than the wall." JPS at 3. Defendant’s position is that the interior accessible tables do not violate any regulations set out by the Americans with Disabilities [1081]*1081Act Accessibility Guidelines (“ADAAG”) and thus do not violate the ADA as a matter of law. JPS at 7; see also ECF No. 94, at 1-2 (“Defendant’s Trial Brief’).

The Court held a bench trial in this matter on June 25, 2015. Plaintiff served as his own witness at trial. Defendant’s witness at trial was expert Kim R. Black-seth. Based on the trial and the full record in this matter, the Court issues the following findings of fact and conclusions of law.

I.FINDINGS OF FACT

The parties stipulated to the following undisputed facts:

1. Plaintiff, a resident of lone, California, ECF No. 75-2 ¶15, (“Kalani ■ Decl.”), is mobility impaired and uses a wheelchair, ECF. No. 75-6 at 2, (“Stipulation”).
2. On January 31, 2013, Plaintiff visited the Starbucks Coffee Store #6931, located at 1228 Camden Avenue in Campbell, California (“Store”). Stipulation at 2.'
3. Defendant operates the Store, located in Campbell, California. Stipulation at 2.
4. The Store is a public accommodation. Id.
5. “[Defendant] offers a variety of seating options to able-bodied patrons inside the Store.” JPS at 3.
6. “Seating is one of the goods and services offered by [Defendant] to its patrons.” Id.
7. “There are two accessible tables in the interior of the Store located adjacent to each other. ' These two tables comply with all access requirements in terms of dimensions and approach for patrons who use a wheelchair. One table is identified with an “ISA”' symbol. The other table is a bench style table that is not marked by an “ISA.” Id.
8. “Both interior accessible tables at the Store require an individual in a wheelchair to sit with his [or her] back to the Store’s interior and face a wall.” Id.
9. “Patrons who do not use wheelchairs are afforded seating which allows them to look out at the ongoings of the Store, the Store’s décor, and provide a full view of other patrons and employees within the Store.” Id. at 4.
.10. “[Defendant] encourages the consumption of food and drinks inside the Store by providing an inviting environment including Wi-Fi, music, and a nice décor. The Starbucks environment is part of the goods and services [Defendant] offers.” Id.
11. “[Defendant] strives to provide a vibrant and inviting space for its customers.” Id.
12. “[Defendant] encourages a sense of community for ■ patrons at its Store.” Id,
13. “[Defendant] offers a welcoming environment for individuals who wish to be part of a community, even when visiting the Store alone.” Id.
14. “[Defendant] brands itself as a place for people to come together and that it is a ‘neighborhood gathering place.’” Id.
15. “[Defendant] markets that it offers not just coffee, but a ‘full and rewarding coffeehouse experience’ as part of its goods and services.” Id.

In addition to these stipulated, undisputed facts, the parties also stipulated to the admissibility and authenticity of four photographs. See id. The Court admitted the following exhibits into evidence at trial.

[1082]*108216. Plaintiffs Exhibit 1 “is a- true and correct depiction of the two accessible tables at the Store (although only a portion of the second accessible “bench style” table is shown).”
17. Plaintiffs Exhibit 2 is “a true and correct depiction of the Store which was taken by Plaintiffs expert and shows that on the day the photograph was taken, all patrons shown chose to sit with their backs to the wall, rather than facing the wall, which is a typical seating choice ' when individuals visit the Store alone.” Id.
18. Defendant’s Exhibit A is “a true and correct depiction Of one of the two accessible tables'at the Store. This table is identified by the International Symbol of Accessibility (‘ISA’) (indicia depicting an individual in a wheelchair)” Id. .
19. Defendant’s Exhibit B is - “a true and correct depiction of the other accessible table that offers bench style seating.” Id.

Moreover, the Court also iftakes the following findings of fact based on the testimony presented at trial,

20. Plaintiff has returned to the Store on at least four occasions since his first visit on January 31, 2013. See Trial Transcript in Kalani v. Starbucks Corporation, No. 13-CV-00734-LHK at 26:3-5, 33:21-22, (“Trial Tr.”).
21. Plaintiff was accompanied by his wife on each of his visits to the Store. Id. at 26:11-12.
22. Plaintiff enjoys people watching and conversing with strangers. Id. at 16:8-17:10; 19:4-17.
23. Plaintiff wishes to “commune and interact with - other people” when Plaintiff visits the Store with his wife. Id. at 32:1-6.

II. CONCLUSIONS OF LAW

In their joint pretrial statement and at trial, the parties agreed that the only legal dispute was whether Title III of the ADA requires Defendant to locate at least one interior accessible table such that an individual in a wheelchair is not required to sit facing the wall with his or her back to the interior of the Store. JPS at 6-7. The Court begins with a discussion of the underlying purposes of Title III before turning to Plaintiffs standing to bring a Title III claim. The Court will then address whether (1) Plaintiff must show an ADAAG violation; and (2) Defendant violated Title Ill’s Sections 12182(b)(l)(A)(ii), (iii) or 12182(b)(1)(B). Finally, the Court will turn to Plaintiffs .request for injunc-tive relief.

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Kalani v. Starbucks Corp., 117 F. Supp. 3d 1078, 2015 U.S. Dist. LEXIS 98543, 2015 WL 4571561 (N.D. Cal. 2015).

117 F. Supp. 3d 1078 (Kalani v. Starbucks Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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