Whitaker v. D.S.A. Sports, Inc.

Background

Brian Whitaker brought claims under Title III of the Americans with Disabilities Act and California’s Unruh Civil Rights Act. He alleged that he is a C-4 quadriplegic, is substantially limited in his ability to walk, and uses a wheelchair. He alleged that he visited D.S.A. Sports’ store in January 2021 and encountered accessibility barriers, including point-of-sale machines on counters 44 inches above the floor and paths of travel narrowed to less than 36 inches. He alleged that removing the barriers was readily achievable and that he intended to return after the store became accessible.

D.S.A. failed to appear or respond. At Whitaker’s request, the clerk entered default. Whitaker then moved for default judgment. The court found that Whitaker properly served D.S.A. through its agent for service of process. The court also found that it had federal-question jurisdiction over the ADA claim, supplemental jurisdiction over the Unruh Act claim, and personal jurisdiction over D.S.A.

Court’s Analysis

The court applied the factors used to decide whether default judgment is appropriate, including prejudice to the plaintiff, the strength of the claims, the amount at stake, the possibility of factual disputes, whether the default resulted from excusable neglect, and the preference for decisions on the merits. Because D.S.A. had not participated in the case, the court found that Whitaker would otherwise have no means of recourse and that the factors supported default judgment.

The court treated the complaint’s liability-related allegations as true. It found that Whitaker had alleged standing because he claimed a disability, personally encountered the barriers, and intended to return to the store. The court also found that the alleged conditions violated the 2010 accessibility standards: accessible sales counters must have a portion no higher than 36 inches, and walking surfaces generally must be at least 36 inches wide. The court concluded that Whitaker’s ADA claim was adequately pleaded and substantively meritorious. Because an ADA violation also constitutes a violation of the Unruh Act under the law cited by the court, the court found the Unruh Act claim adequately alleged as well.

Relief and Disposition

The court granted Whitaker’s request for an injunction requiring D.S.A. to bring its sales counters and paths of travel into compliance with the 2010 ADA Standards for Accessible Design. It awarded $4,000 in statutory damages for the single visit described in the complaint.

Whitaker requested $3,960 in attorneys’ fees and $850 in costs. The court found that some requested hourly rates and hours were excessive or insufficiently supported. It awarded lower rates for the attorneys and legal assistants, reduced the compensable hours for one attorney and for paralegal and staff work, and reduced investigation costs from $400 to $200. The order awarded $2,415 in attorneys’ fees and costs.

The court ordered that Whitaker’s motion for default judgment was GRANTED IN PART. It awarded $4,000 in statutory damages, $2,415 in attorneys’ fees and costs, and the accessibility injunction. Whitaker was also ordered to promptly serve D.S.A. with the order and file proof of service.