Orlando Garcia v. Sweet 2017 LLC
Published: Jul. 16, 2021 | Result Date: Jun. 11, 2021 | Filing Date: Oct. 30, 2020 |Case number: 2:20-cv-02181-JAM-DB Bench Decision – Defense
Judge
Court
USDC Eastern District of California
Attorneys
Plaintiff
Zachary M. Best
(Center for Disability Access)
Russell C. Handy
(Center for Disability Access)
Dennis J. Price II
(Center for Disability Access)
Amanda L. Seabock
(Center for Disability Access)
Defendant
Ashley Nicole Arnett
(Seyfarth Shaw LLP)
Minh N. Vu
(Seyfarth Shaw LLP)
Facts
Orlando Garcia suffers from cerebral palsy, which substantially limits his ability to walk. He uses a wheel chair, walker, or cane for mobility. Garcia planned to make a trip to the Sacramento area and chose the Wyndham Garden Hotel owned by defendant Sweet 2017, LLC. Defendant provided no details as to whether the hotel guestrooms provided accessibility for those who are disabled. Garcia needed to know that there is at least 30 inches width on the side of the bed. He also needed to know the doorways had 32 inches of clear width. Garcia similarly needed to know whether the toilet has two grab bars and the height of the toilet, among other things. As such, Garcia alleged that defendant was in violation of the Americans with Disabilities Act and Unruh Civil Rights Act.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended Defendant's reservation system violated the "reservation rule" because defendant's website did not provide sufficient detail about the Hotel's accessible features to allow him to make an independent assessment of whether the rooms would meet his needs. Plaintiff contended defendant violated California's Unruh Civil Rights Act by failing to comply with the ADA.
DEFENDANT'S CONTENTIONS: Defendant denied all of the contentions. Defendant contended that its motion to dismiss should be granted because it's website contains a list of "Accessible Amenities" and plaintiff did not contact them for additional information. Defendant also contended plaintiff failed to state a claim under the Unruh Act.
Result
Defendant's motion to dismiss was granted. Both of plaintiff's claims were dismissed with prejudice.
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