Facts

Brian Whitaker is wheelchair-bound and went to Alice & Olivia's clothing store. He brought an action against Alice and Olivia California Holdings LLC alleging violations of the Americans with Disabilities Act (ADA) and Unruh Act.

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that when he went to Alice & Olivia's clothing store, he encountered a lounge table that lacked sufficient knee or toe clearance for wheelchair users and that as a result, he was denied full and equal enjoyment of the store. In particular, plaintiff alleged that the table violated a regulation concerning floor clearance: "Where space beneath [a table] is included as part of clear floor or ground space or turning space" the table must meet certain knee and toe-clearance requirements.

DEFENDANT'S CONTENTIONS: Defendant denied all contentions.

Result

Whitaker's ADA claim was dismissed with leave to amend and the court declined to exercise supplemental jurisdiction over his Unruh Act claim.