D'Lil v. Anaheim Hotel Partnership
D'Lil v. Anaheim Hotel Partnership
Opinion of the Court
MEMORANDUM
Hollynn D’Lil appeals the district court’s partial grant of summary judgment for the Anaheim Hilton & Towers Hotel as to whether the hotel is required to install roll-in showers under Title III of the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12181-12189. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we reverse and remand. As the parties are familiar with the facts and procedural history of the case, we will not repeat them here except as necessary. We review a grant of summary judgment de novo. Botosan v. Paul McNally Realty, 216 F.3d 827, 830 (9th Cir. 2000).
The ADA requires the Anaheim Hilton to install roll-in showers in fifteen
The Anaheim Hilton urges us to affirm on the basis that the installation of fifteen roll-in showers is not readily achievable. Although the parties filed cross-motions for summary judgment, they did not furnish the district court with all the information it would need to decide whether the installation of roll-in showers at the Anaheim Hilton is readily achievable as a matter of law. By virtue of 42 U.S.C. § 12181(9), that question involves more than just knowing that the defendants will not claim lack of financial ability. Genuine issues of material fact remain as to whether the installation is readily achievable. Therefore, we reverse the partial grant of summary judgment and remand for further proceedings consistent with this disposition.
REVERSED AND REMANDED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
. Section Nine of the ADAAG guidelines, “Accessible Transient Lodging,” contains a fable showing the number of rooms with roll-in showers required, depending on the total number of rooms in the facility. 28 C.F.R. Pt. 36, App. A at 9.1.2. A facility with 150 rooms, for example, is required to provide two roll-in showers, while the Anaheim Hilton would be required to have fifteen.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.