Feezor
Feezor v. CHICO LODGING, LLC
Opinion
Opinion
Karlton, J.
ORDER
Pending before the court is defendant Chico Lodging’s motion to dismiss contending that plaintiff has not demonstrated that he has standing to bring the claims and that the complaint is not alleged with sufficient specificity. For the reasons explained below, the motion is denied.
I.
THE COMPLAINT
Feezor alleges that he is a paraplegic who requires the use of a wheelchair and a mobility-equipped van to ambulate. The Marriott in Chico, California, is a place of lodging with more than five rooms for rent, open to the public, and intended for non-residential use. Feezor visited the Marriott and “encountered barriers (both physical and intangible) that interfered with — if not outright denied — his ability to use and enjoy the goods, services, privileges, and accommodations offered at the facility.” Compl. at 3. Attached to the complaint is a list of different specific violations, some of which, the complaint explains, are unrelated to Feezor’s disability but which were provided as a courtesy notice.
II.
STANDARDS
On a motion to dismiss, the allegations of the complaint must be accepted as true. See Cruz v. Beto, 405 U.S. 319, 322 , 92 S.Ct. 1079 , 31 L.Ed.2d 263 (1972).…