Harris

FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND ORDER OF DISMISSAL

Pursuant to Fed.R.Civ.P. 52(a), these findings of fact, conclusions of law, and order constitute the Court’s final decision with respect to the bench trial it conducted on Plaintiff Tony Harris’ claims against Defendants. This case was tried to the Court without a jury on September 21 and 22, 2006 on Plaintiffs claims under Title III of the Americans with Disabilities Act (“ADA”) and California state claims. The Court exercised supplemental jurisdiction over Plaintiffs state law claims, pursuant to 28 U.S.C. § 1367 . By stipulation and at the request of the parties, the Court visited and examined the physical location of the facility at issue — a Shell gas station. At the close of Plaintiffs case, Defendants moved for judgment as a matter of law, contending it had been established that Plaintiff lacked Article III standing to bring his federal claims. Defendants cited Harris v. Del Taco, Inc., 396 F.Supp.2d 1107 (C.D.Cal.2005) (Del Taco) for the principle that, in order to have standing to bring a Title III ADA claim, a plaintiff must, at the time the complaint was filed, have the intention to return to the facility…