Independent Living Resources v. Oregon Arena Corp., Civ. No. 95-84-AS.
| Decision Date | 12 November 1997 |
| Docket Number | Civ. No. 95-84-AS. |
| Citation | 982 F.Supp. 698 |
| Parties | INDEPENDENT LIVING RESOURCES, a non-profit corporation, and Robert W. Pike, Plaintiffs, v. OREGON ARENA CORPORATION, Defendant. |
| Court | U.S. District Court — District of Oregon |
Steve Brischetto, Portland, OR, for Plaintiffs.
David B. Howorth, Foster Pepper & Shefelman, Portland, OR, Frank C. Morris, Jr., Carolyn Doppelt Gray, Epstein, Becker & Green, P.C., Washington, DC, for Defendant.
Okianer Christian Dark, U.S. Attorneys Office, Portland, OR, Thomas M. Contois, U.S. Dept. of Justice, Civ. Rights Div., Washington, DC, for U.S.A. amicus.
I. INTRODUCTION
In 1990, Congress enacted the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12101, et seq. The purpose of this legislation was to eliminate discrimination against individuals with disabilities, 42 U.S.C § 12101(b).1 To date, most ADA litigation has focused upon Title I, which governs the duties that the ADA imposes upon employers. The instant action concerns the obligations that Title III of the ADA imposes upon those who construct and operate public accommodations such as indoor arenas. The cornerstone of Title III is 42 U.S.C. § 12182(a), which mandates that persons with a disability receive the "full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation ..."
The locus of this action is the "Rose Garden," a multi-purpose indoor arena in Portland, Oregon. The Rose Garden was designed for first occupancy after January 26, 1993, and the last building permit, or permit extension, was certified after January 26, 1992. Consequently, the Rose Garden is subject to the rules governing "new construction." 42 U.S.C. § 12183(a)(1); 28 CFR § 36.401(a)(2). The principal tenants of the Rose Garden are the Portland Trail Blazers NBA basketball team and the Portland Winter Hawks of the Western Hockey League.2 The arena also is used for a wide variety of other events, including ice shows, concerts, soccer, indoor football, and the circus. Plaintiffs contend that numerous features of the Rose Garden's construction, design, and operation violate the ADA as well as ORS 30.675 and ORS 659.425, the parallel state laws forbidding discrimination against persons with a disability.
The plaintiffs in this action are Robert Pike, a Portland attorney with a disability which requires that he use a wheelchair, and Independent Living Resources ("ILR"), a non-profit corporation "organized ... for the purpose of promoting the rights and needs of persons with disabilities for full inclusion and equal access in all aspects of life and providing education, training, and independent living services to persons with disabilities." Complaint ¶ 5. The defendant is the Oregon Arena Corporation ("OAC"), a private company that built, owns, and operates the Rose Garden arena. The United States Department of Justice ("DOJ") has participated in these proceedings as amicus curiae. All parties have consented to allow a Magistrate Judge to enter final orders and judgment in this case in accordance with FRCP 73 and 28 U.S.C. § 636(c). This court has jurisdiction under 28 U.S.C. §§ 1331 and 1367.
Presently before the court are plaintiffs' motion (# 36) for partial summary judgment, defendant's motion (# 45-1) to dismiss portions of the case as moot, defendant's cross-motions (# 45-2 and # 62) for partial summary judgment, defend...
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