Botosan v. Paul McNally Realty
United States Court of Appeals for the Ninth Circuit
216 F.3d 827 (2000)
Kornel Botosan (plaintiff) was a paraplegic who required a wheelchair to move. Botosan visited Paul McNally Realty, Inc., a real estate company operating as Realty World (defendant), and found that the office did not have handicapped parking spaces, preventing Botosan from entering the office as a customer. Botosan filed suit against Realty World and Chuck and Judith Ruston (defendants), the trustees who leased the property to Realty World. Botosan claimed that the failure to provide designated parking for disabled patrons constituted a violation of the Americans with Disabilities Act (ADA). Botosan did not file a complaint or notify any state or local authorities about the alleged violation before filing his lawsuit. Realty World and the Rustons filed a motion to dismiss for lack of subject-matter jurisdiction, arguing that Botosan was required by law to notify relevant state or local agencies about the parking spaces before filing suit in court. The district court denied the motion and granted summary judgment to Botosan. Realty World and the Rustons appealed to the Ninth Circuit.
Rule of Law
Holding and Reasoning (King, J.)
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