Case Developments

Great news - On August 8, 2007, the Court granted in part and denied in part our motion for partial summary judgment. We have moved for summary judgment on queue lines, indoor seating areas, and the force necessary to open exterior and restroom doors in certain restaurants. In other words, we asked the Court to find as a matter of law that these elements violate state and/or federal access laws.

The Court ruled in our favor on interior seating areas, restroom door force, and exterior door forces in restaurants built after April 1, 1994, holding that these elements violated state and/or federal law. In addition, the Court held that the queue lines on which we moved violated state and/or federal law, but held that there was a factual question concerning the auxiliary access that people who use wheelchairs or scooters are supposed to use. Read the summary judgment decision (PDF).

Very important:  While the summary judgment decision was a significant victory, there are still many disputed issues in this case.  It is impossible to predict when this case will be resolved.

In other developments, the Court appointed a Special Master to survey every restaurant at issue in the case. That process is now complete.

On September 27, 2007, the Court held a scheduling conference to determine the next steps in the case. The Court determined that it would conduct a two-week bellwether trial in November 2008. A bellwether trial is a trial of a limited number of cases or claims in a class action. Here, the bellwether trial will address the architectural elements in up to 20 restaurants. The results of that trial may be relevant to the remaining approximately 200 restaurants at issue in this case. The parties will engage in discovery and motions practice between now and trial.

Additional court documents in this case.

 

Class action complaint: We filed this class action lawsuit on December 17, 2002.

 

Decision granting class certification:  On February 23, 2004, the Court certified a state-wide class.

 

Decision denying Taco Bell's motion to modify the class definition:  On December 7, 2004, the Court denied Taco Bell's motion to modify the class definition.

Motion for Partial Summary Judgment & Reply Brief in Support of Motion for Partial Summary Judgment:  Asking the court to hold as a matter of law that certain elements violate state and/or federal access laws.

Note: The Pleadings are in Adobe Reader (PDF) format. Please contact Fox & Robertson if you require a different format.

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