Wilson

ORDER

Plaintiff alleges that defendant violated the Americans with Disabilities Act (“ADA”) and California’s Unruh Civil Rights Act (“Unruh Act”) by failing to remove architectural barriers at its restaurant. Pending before the court is plaintiffs motion for summary judgment. The court previously stayed the motion pending the potential resolution of a question of state law by the California Supreme Court. This court now resolves the mat ter based on the parties papers and after oral argument. For the reasons set forth below, the motion is granted.

I. Facts

Plaintiff Ronald Wilson is a 70 year old disabled man. Plaintiff suffers from severe idiopathic neuropathy, peripheral neuropathy (“silent disease”) with symptoms of ALS (a.k.a. Lou Gehrig’s disease), and motor-sensory neuropathy. Decl. of Ronald Wilson (“Wilson Decl.”) ¶3. Because of his condition, plaintiff experiences stiffness, muscle twitching, shaking, weakness, and spasms. Id. When traveling in public, plaintiff uses a cane, wheelchair, or both. Plaintiff also owns a van with a spinner knob and has been issued a disability placard by the state of California.

Plaintiff regularly visits the defendant Haria and Gorgri…