Molski

ORDER DENYING DEFENDANT’S MOTION TO DECLARE JAREK MOLKSI A VEXATIOUS LITIGANT AND DENYING DEFENDANT’S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION

I. INTRODUCTION

Plaintiffs Jarek Molski (“Molski”), an individual, and Disability Rights Enforcement, Education Services: Helping You Help Others (“DREES”), a California public benefit corporation, brought suit under the Americans with Disabilities Act (“ADA”) 42 U.S.C. § 12101 and various California State Statutes. Plaintiffs allege that: Molski is a person with a disability; the Rapazzini Winery is a place of public accommodation, subject to the requirements of Title III of the ADA and the requirements of California Civil Code § 54; on or about May 20, 2003, Molski was a guest of the Rapazzini Winery for purposes of wine tasting; the winery contained no handicapped van accessible parking, the tasting counter height exceeded the Americans with Disabilities Act Guidelines for Buildings and Facilities (“ADAAG”); the restroom was not accessible; and Molski injured himself during attempted transfers to and from the toilet. Under the ADA, Plaintiffs seek injunctive relief compelling Defendants to make the winery accessible…