Following Marx v. General Revenue Corp., 458 U.S. 371 (2013), which it holds effectively overruled Brown v. Lucky Stores, Inc., 246 F.3d 1182 (9th Cir. 2001), this decision holds that the attorney fee and cost provision of the Americans with Disabilities Act does not limit a district court’s normal discretion under Fed. R. Civ. P. 54(d) to award costs to a prevailing defendant even though the statute is held to incorporate the Christiansburg Garment Co. v. EEOC, 434 U.S. 412, 421 (1978) standard and allow an attorney fee award to a prevailing defendant only if the plaintiff’s action was frivolous, unreasonable, or without foundation, even though not brought in subjective bad faith.