Public Interest Results

Recent Accomplishments by Rein & Clefton

UCSF Benioff Children’s Hospital at Mission Bay: Obtained a new, ADA compliant service dog policy at UCSF Benioff Children’s Hospital, including implementation of an individualized assessment tool for evaluating all the steps the Hospital must take to accommodate a patient’s right to be accompanied by her service dogs when entering the facility. October 2018.

Shopping Mall, Larkspur: Negotiated installation of a new, fully-accessible disabled parking at a large mall in Larkspur, California. We enhanced the distribution of the existing accessible spaces making it is easier for disabled persons to access the mall. We also created an additional, new parking space for expectant mothers and those with a special need. October 2018.

Gas Station, San Francisco: Won new accessible parking where there had been zero accessible spaces provided. We also created an accessible route from the new parking space to the pay kiosk and public sidewalk. October 2018

Large Restaurant, Redwood City: Made a large restaurant in Redwood City more accessible by removing a dangerous sidewalk condition situated along the accessible route to the front entrance and enhanced accessibility at the front entrance and in the restroom. September 2018.

Oakland Unified School District: Obtained power door opener and accessible intercom at local elementary school. September 2018.

Large Dental Office, San Jose: Achieved creation of accessible parking, an accessible route to the entrance door with a newly installed power door opener, accessible restrooms, and more accessible patient service areas. August 2018.

Selected Historic Accomplishments by the Law Offices of Paul Rein

City of Pacifica, City Hall: In June 2018, Aaron Clefton negotiated improved accessible public programs and services offered at Pacifica City Hall by requiring the City to make its City Hall Annex Building fully accessible. Settlement involved relocating services to make them available at the Annex so that they may be accessed by persons with disabilities. This included creating new accessible parking, accessible restrooms, meeting rooms, and adding directional signage and power door openers to the Annex entrance. The City’s website was also redesigned to include information on how to access City programs and services as a person with a disability.

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.

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.

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 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 cruise on an inaccessible ship. Second, the Court held that for public policy reasons, a cruise ship contract’s forum selection clause was not enforceable because it is 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 successfully negotiated the creation of accessible cabins and features on a Carnival Cruise ships while winning damages for the disabled plaintiff. This case was possibly the first case upholding ADA jurisdiction over “foreign flag” cruise ships which operated in American waters. The Court, California Northern District Judge, Thelton Henderson, recognized ADA Plaintiffs as carrying out important public policy as “private attorneys general[s].”

James Donald v. Cafe Royale, 218 Cal. App. 3d 168 (1990). Paul Rein successfully won a case and a published opinion establishing the framework for analyzing disability rights under California state law and established a right for statutory state law damages without having to prove wrongful intent by defendants.

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 covered by California State disability rights laws. He won installation of an accessible ramp and ATM at Sacramento Valley Bank for his client, James Donald. The case set standards for state law liability for alteration-triggered access.

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 at an El Torito restaurant which denied Mr. Hankins access to its first floor, employee’s only restroom based on a policy of excluding disabled persons from using it, where the only “public” restrooms were up a flight of stairs on the second floor.