Moeller v. Taco Bell Corp.

220 F.R.D. 604, 2003 U.S. Dist. LEXIS 25457, 2004 WL 615085
CourtDistrict Court, N.D. California
DecidedFebruary 23, 2004
DocketNo. C 02-5849 MJJ
StatusPublished
Cited by38 cases

This text of 220 F.R.D. 604 (Moeller v. Taco Bell Corp.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moeller v. Taco Bell Corp., 220 F.R.D. 604, 2003 U.S. Dist. LEXIS 25457, 2004 WL 615085 (N.D. Cal. 2004).

Opinion

ORDER GRANTING PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

JENKINS, District Judge.

INTRODUCTION

Plaintiffs Francie Moeller et al. bring this case to remedy alleged architectural barriers at Defendant Taco Bell Corporation’s corporate-owned and/or operated restaurants in California that Plaintiffs claim discriminate against a large number of patrons who use wheelchairs or scooters. The putative class seeks an injunction ordering Defendant to adopt policies to ensure access for customers who use wheelchairs and scooters, and to bring all of its facilities into compliance with the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (the “ADA”), the Un-ruh Civil Rights Act, California Civil Code § 51 et seq. (“the Unruh Act”), and the California Disabled Persons Act, California Civil Code § 54 et seq. (the “CDPA”). The putative class seeks the minimum statutory damages per offense under the Unruh Act and the CDPA. Presently before the Court is Plaintiffs’ motion for class certification under Rule 23 of the Federal Rules of Civil Procedure. This motion requires the Court to decide whether Plaintiffs have met the requirements set forth in Rule 23 in order that this action may proceed as a class action. For the reasons set forth below, the Court GRANTS Plaintiffs’ motion.

FACTUAL BACKGROUND

A. Named Plaintiffs

The named plaintiffs in this case — Francie Moeller, Ed Muegge, Katherine Corbett and Craig Yates — are among the more than 150,-000 Californians who use wheelchairs or scooters for mobility. Declaration of Timothy Fox in Support of Plaintiffs’ Motion for Class Certification (“Fox Decl.”), Ex. 2 at 2. The named plaintiffs are all active members of their communities, and all are dedicated to advocating for the rights of persons with [606]*606disabilities. Ms. Moeller, for example, is a past chair of the Bay Valley District Organization of Business and Professional Women, and is the current chair of the Disability Caucus of the California Democratic Party. Plaintiffs’ Motion for Class Certification (“Mot.”) at 3.' Mr. Muegge taught disability advocacy classes at Sonoma State University and Santa Rosa Junior College, while Ms. Corbett has, on several occasions, testified at legislative hearings on issues relating to persons with disabilities. Id. Mr. Yates is a Parks and Recreation Commissioner for the City of San Rafael and is on the Advisory Boards of Golden Gate Transit and the Metropolitan Transit Commission, and both Boards oversee issues concerning use of public transit systems by the elderly and persons with disabilities. Id.

B. The Americans with Disabilities Act

The ADA was enacted in 1990 “to provide a clear and comprehensive national mandate for the elimination of discrimination against individuals with disabilities.” 42 U.S.C. § 12101(b)(1); PGA Tour, Inc. v. Martin, 532 U.S. 661, 675, 121 S.Ct. 1879, 149 L.Ed.2d 904 (2001) (holding that the ADA provides a “broad mandate” to eliminate discrimination against people with disabilities). The statute recognizes that “the Nation’s proper goals regarding individuals with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for such individuals.” 42 U.S.C. § 12101(a)(8). Title III of the ADA prohibits discrimination on the basis of disability in places of public accommodation, both with respect to the accessibility of their physical facilities and with respect to their policies and practices.1

The ADA required the Department of Justice (“DOJ”) to issue regulations carrying out the non-transportation requirements of Title III. 42 U.S.C. § 12186(b). Pursuant to this statutory mandate, the DOJ promulgated Standards for Accessible Design (“DOJ Standards”). See 28 C.F.R. pt. 36, app. A.2 The DOJ Standards contain detailed design specifications for public accommodations covering a variety of architectural elements, including, for example, parking lots, food service lines, accessible routes, and restrooms. Id.

The accessibility requirements of Title III and the DOJ Standards vary depending on the dates that facilities were constructed or altered. Facilities built after January 26, 1993 are required to be “readily accessible to and usable by” individuals who use wheelchairs, and these facilities must comply with the DOJ Standards. 42 U.S.C. § 12183(a)(3); 28 C.F.R. § 36.406(a). When facilities that were built before that time are altered in certain ways after January 26, 1992, the altered portion and — to a certain extent — -the path of travel to the altered .portion, must comply with the DOJ Standards. 28 C.F.R. §§ 36.402(b)(2); 36.406(a). In facilities built prior to January 26, 1993 and not altered since January 26, 1992, architectural barriers are required to be removed where it is “readily achievable” to do so. 42 U.S.C. § 12182(b)(2)(A)(iv).3 In addition, facilities must “maintain in operable working condition those features of facilities and equipment that are required to be readily accessible to and usable by persons with disabilities.” 28 C.F.R. § 36.211 (emphasis added).

C. The Unruh Act and CDPA

Both the CDPA, which was enacted in 1968, and the Unruh Act, which was amended in 1987 to cover persons with disabilities, prohibit discrimination on the basis of disability in the full and equal access to the services, facilities and advantages of public accommodations. Cal. Civ.Code §§ 51(b) (Unruh Act), § 54.1(a)(1) (CDPA). A prevailing plaintiff is entitled to, among other relief, statutory minimum damages regard[607]*607less of whether the plaintiff has suffered any actual damages. Botosan v. Paul McNally Realty, 216 F.3d 827, 835 (9th Cir.2000) (holding that “proof of actual damages is not a prerequisite to recovery of statutory minimum damages” under the Unruh Act and the CDPA). The putative class seeks only the statutory minimum damages for each offense.

All buildings constructed4 or altered5 after July 1, 1970, must comply with standards governing the physical accessibility of public accommodations. D’Lil v. Stardust Vacation Club,

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Bluebook (online)
220 F.R.D. 604, 2003 U.S. Dist. LEXIS 25457, 2004 WL 615085, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moeller-v-taco-bell-corp-cand-2004.