Facts

Plaintiff Scott Johnson, a level C-5 quadriplegic, filed suit against Defendant DTBA LLC, a bar open to the public, and asserted violations under the Americans with Disabilities Act of 1990 and California's Unruh Civil Rights Act.

PLAINTIFF'S CONTENTIONS: Plaintiff contended as a disabled individual that could not walk and maintained significant manual dexterity impairments, he was required to use a wheelchair, and had a specially equipped van. However, Plaintiff contended Defendant violated the ADA because Defendant failed to include any signage that would have alerted Plaintiff to the accessible path of travel to the bar's outside patio. Plaintiff further contended Defendant failed to provide an accessible path of travel to the unisex restroom and also failed to provide handicap accessible restroom door hardware, such as two grab bars. Plaintiff lastly contended Defendant lacked the knee clearance underneath the bathroom sinks.

DEFENDANT'S CONTENTIONS: Defendant denied Plaintiff's contentions and any alleged wrongdoing. Defendant filed a motion to dismiss.

Result

The court dismissed the case for lack of subject matter jurisdiction.