Fenimore v Blachly-Lane County C.E.A.

The court can “affirm on an alternative basis only if, (1) the facts of the record are sufficient to support the alternative basis for affirmance; (2) the trial court’s ruling is consistent with the view of the evidence under the alternative basis for affirmance; and (3) the record is materially the same as the one that would have been developed had the prevailing party raised the alternative basis for affirmance below.” Outdoor Media Dimensions, Inc. v. State of Oregon, 331 Or 634, 659-60, 20 P3d 180 (2001).

Plaintiff appealed from a summary judgment entered in favor of Defendant. On appeal, Plaintiff argued he was entitled to damages and injunctive relief because Defendant violated ORS 659A.142(4) when Plaintiff could not attend a meeting at Defendant's building since it did not provide wheelchair access. The statute states in relevant part that “it is an unlawful practice for any place of public accommodation . . . to make any distinction, discrimination or restriction because a customer or patron is an individual with a disability.” In response, Defendants argued, on an alternative basis, that Plaintiff does not have standing under ORS 659A.142(4) because it prohibits discrimination against "customers" or "patrons" with disabilities in places of public accommodation and Plaintiff was neither. The court can “affirm on an alternative basis only if, (1) the facts of the record are sufficient to support the alternative basis for affirmance; (2) the trial court’s ruling is consistent with the view of the evidence under the alternative basis for affirmance; and (3) the record is materially the same as the one that would have been developed had the prevailing party raised the alternative basis for affirmance below.” Outdoor Media Dimensions, Inc. v. State of Oregon, 331 Or 634, 659-60, 20 P3d 180 (2001). The Court concluded the above factors were met for the alternative basis argument and Plaintiff’s claim for injunctive relief was now moot because Defendant had relocated to a new building, which provided wheelchair access, and the building at issue was no longer being used.

Affirmed.