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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.
Filed September 21, 2009
Opinion by Judge Ikola
For Appellant: Law Offices of B. Paul Husband and B. Paul Husband; and Cheryl Alison Skigin