Whitaker v. Joe's Jeans Inc.

Background

Brian Whitaker, who has quadriplegia and uses a wheelchair, sued Joe’s Jeans Inc. under the federal Americans with Disabilities Act (ADA) and the California Unruh Civil Rights Act. He alleged that he could not access the point-of-sale equipment at Joe’s Jeans’ store in Livermore, California, because it was fixed on an inaccessible sales counter. Although a lower counter was nearby, it did not have point-of-sale equipment. Whitaker alleged that he needed a sales representative to use the equipment and that the barrier deterred him from returning to the store.

Whitaker filed the complaint on January 26, 2021. Joe’s Jeans did not answer, and the clerk entered default on March 5, 2021. Whitaker then moved for default judgment, requesting an injunction, $4,000 in damages, and attorneys’ fees and costs.

Jurisdiction, Notice, and Default-Judgment Standard

The court found that it had federal-question jurisdiction over the ADA claim and supplemental jurisdiction over the related state-law claim. It also found personal jurisdiction over Joe’s Jeans because the company’s corporate headquarters were in California. The court determined that service was sufficient because a process server personally served an authorized agent in Albany, New York.

The court applied the seven factors used in the Ninth Circuit to decide whether default judgment is appropriate. After default is entered, the complaint’s factual allegations are generally treated as true, except allegations about the amount of damages. The court concluded that the factors favored granting default judgment because Whitaker would otherwise lack a means to recover, the complaint adequately stated claims, the amount at stake was limited, Joe’s Jeans had not responded, and a decision after a contested trial was unlikely.

ADA and Unruh Act Claims

To establish the ADA claim, Whitaker had to show that he had a disability, that Joe’s Store was a place of public accommodation, and that Joe’s Jeans denied him access because of his disability. The court found that Whitaker’s quadriplegia qualified as a disability and that the clothing store was a place of public accommodation.

The court determined that the counter holding the point-of-sale equipment was a sales counter covered by the ADA’s accessibility standards. Those standards require at least one counter of each type in a store to comply with accessibility requirements. The lower counter did not make the store compliant because it was a different type of counter and could not be used as a sales counter without point-of-sale equipment. The court also found that installing equipment on the lower counter or making the existing equipment movable would be relatively easy, so removing the barrier was readily achievable. The court stated that an ADA violation also violated the Unruh Act.

Remedies

The court granted injunctive relief requiring Joe’s Jeans to remedy the architectural barrier at the store by providing an ADA-compliant sales counter.

The court awarded $4,000 in statutory damages for the Unruh Act violation. It reduced the requested attorneys’ fees after finding that Whitaker had not adequately supported the higher requested hourly rates. The court approved rates of $475 per hour for Mark Potter, $250 per hour for Faythe Gutierrez, and $100 per hour for Marcus Handy and the other listed legal assistants and paralegals. It also disallowed 0.3 hours of clerical work. The resulting attorneys’ fee award was $1,160.

The court awarded the requested $927.50 in litigation expenses, including service, filing, and investigation expenses.

Disposition

The court GRANTED the Motion for Default Judgment. It awarded injunctive relief, $4,000 in statutory damages, $1,160 in attorneys’ fees, and $927.50 in litigation expenses and costs.