Disabled Plaintiff Defeats Corporate Defendant in ADA Lawsuit at the Ninth Circuit; Wins Big Attorney Fee Award – WMTV – NBC15

Published: Oct. 6, 2021 at 6:59 AM CDT|Updated: 2 hours ago

LOS ANGELES, Oct. 6, 2021 /PRNewswire/ — The Law Office of Hakimi & Shahriari is proud to announce a major victory for the disabled community at the Ninth Circuit Court of Appeals: a civil rights win, which included a bill to defendants in excess of $75,000.

In the matter of Smith v. 116 S. Market LLC, the wheelchair bound plaintiff, obtained a summary judgment victory at the trial level which included $12,000 in Unruh damages, $32,361.25 in attorney fees and costs and injunctive relief requiring the removal of architectural barriers to access at the Highspot Dispensary in Inglewood, California. The defendant owns the property where the Highspot Dispensary is located.

On Appeal, the defendant argued that that mandatory compliance with the ADA would force the defendant to facilitate plaintiff’s access to marijuana and therefore abet violations of the Controlled Substances Act. In a strongly worded opinion, the Ninth Circuit rejected this argument, stating:

“The district court’s order does no such thing. First, the order is silent as to marijuana use. The order merely requires that the Defendant comply with its obligations under the ADA. Second, the Defendant misapplies James v. City

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