Facts

Samuel Love is a paraplegic who uses a wheelchair for mobility. He planned on making a trip to San Francisco and searched for a hotel that could accommodate his disabilities. He went on the La Meridien Hotel's website to book an accessible room. The website lists accessible areas but does not describe any particular features of those areas. Love brought an action against the owner of the La Meridien Hotel, TRS San Francisco, alleging defendant violated the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act when its website did not list accessible information for its guestrooms and common areas.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that there is insufficient information on defendant's website that there are at least 30 inches width on the side of the bed to allow transfer from his wheelchair. Plaintiff contended that there is insufficient information on defendant's website that the desk has sufficient knee and toe clearance. Plaintiff contended that there is insufficient information on defendant's website as to whether the toilet seat is between 17 and 19 inches and has two grab bars as required by the ADA. Plaintiff contended that there is insufficient information on defendant's website whether the sink has sufficient knee clearance, wrapped plumbing to prevent burn contact, and a lowered mirror. Plaintiff also contended that there is insufficient information as to whether the bathing facility meets ADA clearance requirements. Plaintiff contended defendant violated the ADA when it failed to provide the required information.

DEFENDANT'S CONTENTIONS: Defendant denied all of the contentions. Defendant contended the website provides information provided listed in the 2010 Guidance regarding the Reservations Rule provided by the Department of Justice. Defendant contended that the website provides information regarding the width of the doorways. Defendant contended that it met all the requirements set forth by the ADA. Defendant contended the ADA does not require roll-in showers to have shower seats, and nothing in the Reservations Rule or the 2010 Guidance suggests hotels must describe optional amenities.

Result

Defendant's motion to dismiss plaintiff's first amended complaint was granted without leave to amend.