Facts

Plaintiff is a disabled woman confined to a wheelchair. She brought over 90 civil rights actions against various California hotels in the Orange County area. She sought injunctive relief under the Americans with Disabilities Act as well as declaratory relief, statutory damages and attorney fees under California's Unruh Civil Rights Act and Disabled Persons Act.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendants violated the ADA by not having pool lifts in their Jacuzzis and pools. She claimed that she was deterred from staying at the subject properties because of these access barriers.

DEFENDANT'S CONTENTIONS:
Defendant contended that plaintiff lacked standing because she never visited the subject hotels, and therefore could not show injury.

Result

The court dismissed plaintiff's cases for lack of jurisdiction. Plaintiff lacked standing because she did not personally encounter the barriers or have personal, percipient knowledge of the barriers.

Other Information

Case Numbers: SACV 16-0435 AG (DFMx); SACV 16-0618 AG (DFMx); SACV 16-0665 AG (KESx) SACV 16-0738 AG (AGRx)