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CHAPMAN v. PIER 1 IMPORTS (U.S.) INC.

No. 07-16326.

631 F.3d 939 (2011)

Byron CHAPMAN, Plaintiff-Appellee, v. PIER 1 IMPORTS (U.S.) INC., dba Pier 1 Imports # 1132, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 7, 2011.

Attorney(s) appearing for the Case

Laura M. Franze (argued) and Richard Cortez, Jr. , Hunton & Williams LLP, Dallas, TX, and Roland M. Juarez , Hunton & Williams LLP, Los Angeles, CA, for the appellant.

Lynn Hubbard III (argued) and Scottlynn J. Hubbard IV (argued) of the Law Offices of Lynn Hubbard (Chico, CA), for the appellee.

Thomas E. Perez , Samuel Bagenstos (argued), Jessica Dunsay Silver , and Marie K. McElderry of the United States Department of Justice (Washington, D.C.), for amicus the United States.

Opinion by Judge WARDLAW; Concurrence by Judge N.R. SMITH.

OPINION

WARDLAW, Circuit Judge:

Byron Chapman is unable to walk unassisted, and he requires the use of a motorized wheelchair when traveling in public. In July 2004, Chapman sued a Pier 1 Imports store ("Pier One" or "Store") in Vacaville, California, alleging that some of the Store's architectural features denied him full and equal enjoyment of the premises in violation of the Americans with Disabilities Act ("ADA"). Chapman requested an injunction requiring...

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