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MADDEN v. DEL TACO, INC.

No. C051641.

58 Cal.Rptr.3d 313 (2007)

150 Cal.App.4th 294

Patrick MADDEN, Plaintiff and Appellant, v. DEL TACO, INC., Defendant and Respondent.

Court of Appeal of California, Third District.

April 25, 2007.

Attorney(s) appearing for the Case

Hibbitt Tarbell & Koehler and Robert F. Koehler, Jr., Sacramento, for Plaintiff and Appellant.

Ericksen, Arbuthnot, Kilduff, Day & Lindstrom, Charles S. Painter, Sacramento, and Reginald A. Dunn, for Defendant and Respondent.

BUTZ, J.

In this case we decide that allowing a concrete trash container to block wheelchair access to a restaurant entrance is a prima facie violation of the Americans with Disabilities Act of 1990 (hereafter ADA) (Pub.L. No. 101-336 (Jul. 26, 1990) 104 Stat. 327). Any such violation also violates California law (Civ.Code, § 54 et seq.),1 which requires full and equal access to a place...

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