Molski

ORDER DISMISSING CASE FOR LACK OF STANDING

In light of the Court’s recent holding on the issue of standing in Molski v. Mandarin Touch, 385 F.Supp.2d 1042 (C.D.Cal. 2005), the Court issued an order to show cause why plaintiff Jarek Molski’s claim alleging violations of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12181 , et seq., should not be dismissed for lack of standing. See Bernhardt v. County of Los Angeles, 279 F.3d 862, 868 (9th Cir.2001) (noting the Court has “both the power and the duty to raise the adequacy of [a plaintiffs] standing sua sponte”) (emphasis added). The Court conducted an evidentiary hearing on Monday, October 17, 2005, at which plaintiff Jarek Molski (“Molski”) and his attorney were present. Molski was examined under oath by his attorney, Thomas E. Fran-kovich, and the Court. For the reasons set forth below, the Court finds that Mol-ski’s ADA claim should be dismissed because he lacks standing to pursue the matter.

I. Factual Background

Molski is a paraplegic who uses a wheelchair for mobility. He resides in Woodland Hills, California. Defendant Kahn Winery is a winery located in the Santa Ynez Valley wine country with a tasting room in…