Molski

MEMORANDUM DECISION DISCHARGING ORDER TO SHOW CAUSE REGARDING SUBJECT MATTER JURISDICTION

I. INTRODUCTION

The issue presented by the Court’s Order to Show Cause involves the showing required to establish jurisdiction for a claim under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”). The plaintiff in this case, Jarek Molski, is a wheelchair bound paraplegic who alleges he visited Defendants’ Arby’s Huntington Beach Restaurant (“Arby’s”) in January of 2003. Mr. Molski alleges he was denied full access to and enjoyment of the restaurant due to architectural barriers. By his own admission, Mr. Molski has filed hundreds of similar lawsuits in federal courts throughout California against other restaurants and places of business. A review of the complaints filed in many of these lawsuits reveals that the facts alleged, the claims presented, and the damages requested are virtually identical.

In response to the Court’s Order to Show Cause, Defendants argue Mr. Mol-ski’s litigious activities demonstrate that his ADA claim in this case is brought in bad faith. Defendants assert that Mr. Molski did not visit the restaurant to eat and enjoy the food, but instead…