Disability Rights Precedents
Clefton Disability Law is the successor law firm to Rein & Clefton and Law Offices of Paul Rein. Below are several precedents set by Aaron Clefton and his former Partner, Paul Rein, who at the age of 80 no longer practices independently.
Matthew Scott v. Los Angeles World Airports, 9th Cir. Case No. 24-340; D.C. No. 2:23-cv-03706-MWF-AS (C.D. 2024). Aaron Clefton successfully appealed a District Court order denying a preliminary injunction to keep accessible family restrooms open and unlocked at LAX airport. In a 3-0 decision made by two Appellate Court judges appointed by Donald Trump and a third District Court judge sitting by designation, the 9th Circuit Court unanimously found the District Court had abused its discretion by applying the wrong legal standard and remanded the case for further proceedings.
Lane et al. v. Landmark Theatre Corporation, Case No. 16-cv-0679-BLF, 2020 WL 1976420 (N.D. Cal. 2020): On a matter of first impression, Rein & Clefton won a partial summary judgment in which the court found that buildings that were altered after 1970 but before 1981 were required to comply with accessibility standards set by California law at the time, prior to the enactment of the California Building Code. The court also held that successors in interest to altered properties are responsible for the additions or alterations of the prior owners of the building. (Lead Counsel, Aaron Clefton).
Tamara v. El Camino Hosp., 964 F. Supp. 2d 1077 (N.D. Cal. 2013): On a matter of first impression, the Law Offices of Paul Rein won a preliminary injunction to allow a service dog to accompany a person with a disability into a closed psychiatric ward. (Lead Counsel, Celia McGuinness).
Marvin Huezo v. Los Angeles Community College District (Pierce College), 672 F.Supp.2d 1045 (C.D. Cal. 2008). The Law Offices of Paul Rein won summary judgment regarding make a large college campus accessible, including parking, paths of travel throughout the campus, reasonable accommodation policies, and desks. We achieved a Court Ordered permanent injunction after Summary Judgment to effectuate improved access (Lead Counsel, Patricia Barbosa)
Bernard Walker and Christina Adams v. Carnival Cruise Lines, et al., (1999) 63 F.Supp.2d 1083 and (2000) 107 F.Supp.2d 1135. Paul Rein won two precedential published opinions in this case, both about protecting persons with disabilities from discriminatory policies. First, the Court found that a travel agent may be held liable under the ADA for a discriminatory policy, in this case for selling tickets to a disabled person on an inaccessible cruise ship. Second, the Court held that for public policy reasons, a cruise ship contract’s forum selection clause (Miami in this case) was not enforceable because it was an undue burden to require disabled persons to travel to Florida to litigate their disability discrimination claims. In addition to these published decisions, Paul Rein and Florida attorney Matthew Dietz successfully negotiated the creation of accessible cabins and multiple other features on 15 Carnival Cruise ships, while winning damages for the disabled plaintiffs. This precedential case was also the first case upholding ADA jurisdiction over “foreign flag” cruise ships which operated in American waters and the Court upheld California jurisdiction. The Court, California Northern District Judge, Thelton Henderson, recognized ADA Plaintiffs as carrying out important public policy as “private attorneys general[s].” (Lead Counsel, Paul Rein)
James Donald v. Cafe Royale, 218 Cal. App. 3d 168 (1990). 30 years ago, Paul Rein successfully won a published state court opinion establishing the framework for analyzing disability rights under California state law and the right for statutory state law damages without having to prove wrongful intent by defendants. (Lead Counsel, Paul Rein)
James Donald v. Sacramento Valley Bank, 209 Cal. App. 3d 1183 (1989). Paul Rein obtained an appellate court decision that ATMs, despite not being specified by state building code regulations, were “facilities” covered by California state disability rights laws. He won installation of an accessible ramp into the building and to an external ATM at the Sacramento Valley Bank for his client, James Donald. The case set standards for state law liability for alteration-triggered access for all public buildings constructed or altered since 1972. (Lead Counsel, Paul Rein)
Mark Hankins v. El Torito Restaurants, Inc., 63 Cal. App. 4th 510 (1998). Paul Rein won significant damages for his client at trial, after Mark Hankins experienced a humiliating bodily functions accident when an El Torito restaurant denied the disabled plaintiff access to its first floor, “employee’s only” restroom based on the restaurant’s policy of excluding disabled persons from using it even, where the only “public” restrooms were up a flight of stairs on the second floor. (Lead Counsel, Paul Rein)