Facts

Scott Johnson is a level C-5 quadriplegic with physical disabilities who uses a wheelchair for mobility and has a specially equipped van. LMT Foods, Inc. owns the Togo's located at 1111 Meridian Avenue in San Jose, California. Johnson visited the Togo's location on July 2020 and August 2021 but did not order any food. Johnson filed a complaint against LMT Foods, Inc. alleging violations of the Americans with Disabilities Act (ADA) and California Unruh Civil Rights Act. Upon receiving the complaint, LMT Foods, Inc. entered into a three-year contract with a Certified Access Specialist (CASp), a licensed inspector for businesses, to review the location on a bi-annual basis and ensure that it was ADA compliant.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that he went to Togo's in July 2020 and August 2021 with the intention to avail himself of its goods but that he encountered unlawful barriers since the store did not provide wheelchair accessible dining surfaces in conformance with ADA standards. Further, plaintiff alleged that he planned to return to the Togo's location to avail himself of their services but is deterred from doing so because of these alleged barriers. Moreover, plaintiff argued that the ADA claim was not moot because of the voluntary cessation doctrine since the deficiencies were likely to recur.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff's claim was moot since it had an existing ADA table at the time of plaintiff's visit and had the proper CASp reports and inspections done to confirm this.

Result

The court granted defendant's motion to dismiss since Togo's had ADA compliant seating at the time of plaintiff's visits.