PATTERSON V. SIX FLAGS THEME PARKS, INC., ET AL.

Holding: The Ninth Circuit affirmed the district court's permanent injunction and its monitoring provisions as a proper exercise of discretion to remedy ADA violations.
Standard: Abuse of discretion for scope of injunction
Vote: Unpublished memorandum disposition affirming the district court's judgment.
Practical effect: Six Flags must continue to submit quarterly compliance reports, maintain jurisdiction for three years and thirty days, and allow the plaintiff's counsel to review records to ensure reasonable accommodations are provided to deaf guests.

The Ninth Circuit affirmed a district court's permanent injunction requiring Six Flags to provide reasonable accommodations for deaf guests. The appellate court held that monitoring provisions ensuring compliance were a proper exercise of discretion given the defendant's history of violations.

Background

Plaintiff Melvin Patterson sued Six Flags Theme Parks, Inc., and related entities, alleging violations of Title III of the Americans with Disabilities Act and California’s Unruh Act. The district court conducted a bench trial and issued a permanent injunction requiring Six Flags to make good faith efforts to provide reasonable accommodations. Six Flags appealed, challenging three specific monitoring provisions of the injunction.

The court’s reasoning

The Ninth Circuit reviewed the permanent injunction for abuse of discretion, noting that appellate review is narrow when district courts have considerable discretion. The court held that the monitoring provisions were not overbroad because they were necessary to provide complete relief to Patterson. The district court found that Six Flags had ignored the plaintiff’s requests for accommodations and denied them due to company policies rather than isolated negligence. The appellate court concluded that oversight was a proper exercise of discretion to ensure compliance with the injunction.

We hold that the monitoring provisions were a proper exercise of the district court’s discretion.

What it means going forward

Six Flags must continue to submit quarterly compliance reports, maintain jurisdiction for three years and thirty days, and allow the plaintiff’s counsel to review records to ensure reasonable accommodations are provided to deaf guests.