Lack of Standing in ADA Suit Precludes Attorneys’ Fees Award

Defendants in an Americans with Disabilities Act lawsuit that won on standing grounds aren’t entitled to attorneys’ fees under an ADA provision, the Ninth Circuit said.

A court that lacks jurisdiction to hear a case lacks the authority to award attorneys’ fees under the ADA’s fee provision, 42 U.S.C. § 12205, Judge Roopali H. Desai of the US Court of Appeals for the Ninth Circuit said Wednesday.

Antonio Fernandez, who has paraplegia, sued defendants including Bungalow Lighting and Design Inc., alleging that their lighting and design store in Malibu, Calif., had aisles that were too narrow for his wheelchair. When ...