Molski v. Foley Estates Vineyard and Winery

Jarek Molski (plaintiff) used a wheelchair for mobility and encountered multiple physical barriers to entry during a visit to Foley Estates Vineyard and Winery, LLC (Foley) (defendant), including an overly steep entrance ramp, raised thresholds in doorways, narrow door widths, and high counters. Molski, along with Disability Rights Enforcement, Education, Services (plaintiff), filed suit against Foley for violations of the Americans with Disabilities Act (ADA). Before trial, Foley underwent substantial renovations to provide its wine-tasting services in a gazebo with wheelchair-accessible ramps and a bell to summon staff members for assistance. During the trial, the county’s historic-landmarks commission declared Foley a place of historical merit. Testimony presented at trial established proposed plans and costs for renovations inside and outside of the main winery building, but Foley’s historical expert stated that an access ramp into the building would severely impact the facility’s historical nature. The district court found that the removal of interior barriers would be readily achievable but that removal of the exterior barriers and creation of an access ramp would not be readily achievable due to the historical significance of the building. The court further held that ADA regulation 28 C.F.R. § 36.405 and § 4.1.7 of the ADA Accessibility Guidelines for Building and Facilities (ADAAG) did not apply to barrier removal for existing facilities. The court issued an injunction to compel internal renovations of Foley’s building but declined to compel exterior barrier removal. Both parties appealed the decision to the Ninth Circuit.