Carolyn v. Orange Park Cmty. Ass'n., No. G041177

In plaintiff's suit against a community association involving his desired use of certain recreational trails within portions of common areas, summary judgment in favor of the association is affirmed as the trails are not a public accommodation within the definition of the ADA, California Disabled Persons Act, Unruh Act, Government Code section 4450 and Health and Safety Code section 1995, and a private property owner does not convert a private recreational property into a public accommodation by failing to actively deny the public access to the recreational property. 

Read Carolyn v. Orange Park Cmty. Ass'n., No. G041177

Filed September 21, 2009

Judges

Opinion by Judge Ikola

Counsel

For Appellant:  Law Offices of B. Paul Husband and B. Paul Husband; and Cheryl Alison Skigin

For Appelle:  Kulik, Gottesman, Mouton & Siegel and Mitchell S. Brachman