Fortyune v. American Multi-Cinema, Inc.

• Decision Date: 14 April 2004
• Docket Number: No. 02-57013.,02-57013.
• Citation: 364 F.3d 1075
• Parties: Robin FORTYUNE, Plaintiff-Appellee, v. AMERICAN MULTI-CINEMA, INC., Defendant-Appellant.
• Court: U.S. Court of Appeals — Ninth Circuit

364 F.3d 1075

Robin FORTYUNE, Plaintiff-Appellee, v. AMERICAN MULTI-CINEMA, INC., Defendant-Appellant.

No. 02-57013.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted February 3, 2004.

Filed April 14, 2004.

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Gregory F. Hurley, Greenberg Traurig LLP and Stacey L. Jaramillo, Irvine, CA, for the defendant-appellant.

Russell C. Handy, Center for Disability Access, San Diego, CA, for the plaintiff-appellee.

Appeal from the United States District Court for the Central District of California; Nora M. Manella, District Judge, Presiding. D.C. No. CV-01-05551-NM.

Before: BROWNING, REINHARDT, and KIM WARDLAW, Circuit Judges.

WARDLAW, Circuit Judge:

Robin Fortyune is a C-5 quadriplegic who requires both a wheelchair and an aide to attend movie theaters. Fortyune and his wife Felicia attempted to view American Multi-Cinema's ("AMC") screening of the film Chicken Run, but were prevented from doing so when a man and his son refused to vacate the wheelchair "companion seats" that they occupied. AMC's manager informed the Fortyunes that, under company policy concerning the use of wheelchair companion seats at sold-out screenings, he could not require the man and his son to change seats. Spurned and publicly humiliated, the Fortyunes left the theater — Mrs. Fortyune in tears.

At issue is whether Fortyune had standing to, and in fact did, establish a viable claim of discrimination under the Americans with Disabilities Act ("ADA"). We must also decide whether the district court's injunction requiring AMC to ensure that wheelchair-bound patrons be permitted to sit beside their companions affords such patrons preferential treatment or runs afoul of the specificity requirements set forth in Federal Rule of Civil Procedure 65(d). As explained more fully below, we conclude that Fortyune properly brought and established a claim under the ADA and that the district court's injunction is both nondiscriminatory and adequately specific. We, therefore, affirm the district court's order granting the Fortyunes summary judgment and injunctive relief.

BACKGROUND

Viewed in the light most favorable to AMC, see Oliver v. Keller, 289 F.3d 623, 626 (9th Cir.2002), the record reveals the following facts:

On Sunday, June 25, 2000, the Fortyunes sought to attend the 4:45 p.m. screening of Chicken Run in Auditorium 12 of AMC's Rolling Hills 20 Theater ("the Theater") in Torrance, California. The Fortyunes' attempted to view Chicken Run four days after its release, during the film's official opening weekend. Because of this, and due in part to the fact that Chicken Run then ranked as the second-highest grossing film in the nation, the screening was well-attended and AMC "over-sold" tickets to view it.

Fortyune and his wife arrived at the Theater approximately twenty minutes prior to showtime. At that point, the auditorium had not yet filled with patrons.

Auditorium 12 provides four wheelchair spaces, each of which is adjoined by a companion seat. See infra Appendix A. A sign on the back of these seats clearly indicates that they are intended for use by the companions of individuals with disabilities.¹ Nonetheless, when Fortyune and his wife entered the Theater, a man and his son, who appeared to be neither disabled nor accompanying a wheelchair-bound patron, occupied two of the companion seats. Mrs. Fortyune noted the signs and asked the man to sit elsewhere. When he refused, Mrs. Fortyune sought the assistance of the Theater's manager, Jason Kulbel, who also requested that the man change seats. The man refused again, indicating that he and his son had arrived early so that they could sit together. By this time the film had almost started and all of the nearby seats had filled. In accordance with the written policy set forth in AMC's manager training manual,² Kulbel informed the Fortyunes that, because the movie was sold-out, he could not require the man to vacate the companion seat. After refusing Kulbel's offer to view another film, but accepting two free passes, the Fortyunes left the Theater.

Despite this unfavorable experience, the Fortyunes continue to view films at the Theater with regularity. On average, the Fortyunes attend three to four films each week. They now arrive at the Theater 45 minutes before a film's screening, however, to increase the likelihood that an empty companion seat will be available. Since the events of June 25, 2000, the Fortyunes have not encountered any seating problems at the Theater.

On April 14, 2002, Mr. Fortyune filed a First Amended Complaint against AMC, alleging discrimination against persons with disabilities in violation of the ADA and several California statutes. After two failed attempts at mediating a settlement, both parties moved for summary judgment. On October 22, 2002, the district court issued an order granting Fortyune's motion for summary judgment, denying AMC's motion for summary judgment, and granting injunctive relief. The district court's injunction reads:

Defendant must modify its policies regarding companion seating to ensure that a companion of a wheelchair-bound patron be given priority in the use of companion seats. A noncompanion may sit in a companion seat when the seating is not needed by a wheelchair-bound patron and his or her companion. However, if a noncompanion is seated in a companion seat needed by a wheelchair-bound patron and his or her companion, Defendant must ensure that the companion seat is made available to the companion, so long as the wheelchair-bound patron and his or her companion arrive at the wheelchair seating area at least ten (10) minutes prior to show time.

AMC timely appealed.

JURISDICTION AND STANDARD OF REVIEW

We have jurisdiction pursuant to 28 U.S.C. § 1292(a)(1), over this interlocutory appeal from the district court's order granting Fortyune a permanent injunction.

"We review a summary judgment [order] granting or denying a permanent injunction for abuse of discretion and application of the correct legal principles." EEOC v. Goodyear Aerospace Corp., 813 F.2d 1539, 1544 (9th Cir.1987). "Otherwise, we review de novo a grant of summary judgment." Midgett v. Tri-County Metro. Transp. Dist., 254 F.3d 846, 849 (9th Cir.2001) (citing Warren v. City of Carlsbad, 58 F.3d 439, 441 (9th Cir.1995)). Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Fed.R.Civ.P. 56(c). Our task is to "determine whether the evidence, viewed in a light most favorable to the non-moving party, presents any genuine issues of material fact and whether the district court correctly applied the law." Warren, 58 F.3d at 441.

DISCUSSION

"Congress enacted the ADA in 1990 to remedy widespread discrimination against disabled individuals." PGA Tour, Inc. v. Martin, 532 U.S. 661, 674, 121 S.Ct. 1879, 149 L.Ed.2d 904 (2001). The Act responds to what Congress described as a "compelling need" for a "clear and comprehensive national mandate" to eliminate discrimination against disabled individuals. Id. at 675, 121 S.Ct. 1879. "To effectuate its sweeping purpose, the ADA forbids discrimination against disabled individuals in major areas of public life, among them employment (Title I of the Act), public services (Title II), and public accommodations (Title III)." Id. (internal citations omitted).

Title III of the ADA prohibits discrimination in public accommodations and establishes a "general rule" that:

No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.

42 U.S.C. § 12182(a).³ The ADA defines discrimination to include:

[A] failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals with disabilities, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations....

Id. § 12182(b)(2)(A)(ii). Title III also prohibits places of public accommodation from denying disabled individuals "the opportunity ... to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity." Id. § 12182(b)(1)(A)(i).

Congress entrusted the Attorney General with the responsibility of promulgating Title III's implementing regulations. See 42 U.S.C. § 12186(b) (directing the Attorney General to "issue regulations ... to carry out the provisions of" Title III). Congress further provided that these implementing regulations must be consistent with the minimum guidelines issued by the Architectural and Transportation Barriers Compliance Board ("the Access Board"). See 42 U.S.C. § 12186(c). The Access Board provided a notice and comment period for its proposed ADA guidelines in 1991, see 56 Fed.Reg. 2296-01 (Jan. 22, 1991), and issued its final ADA Accessibility Guidelines for Buildings and Facilities ("ADAAG") later that year. See 56 Fed.Reg. 35,408 (July 26, 1991) (codified at 36 C.F.R. Pt. 1191, App. A). The Attorney General adopted, in toto, the Access Board's ADAAG as the "Standards for Accessible Design." See 28 C.F.R. Pt. 36, App. A. These standards lay out the technical structural requirements of places of public accommodation and are applicable "during the design, construction, and alteration of such buildings and facilities ... under the [ADA]." See id. App. A, § 1. With this framework in mind, we turn to AMC's assertions of error.

I. Standin...