Snyder
Snyder v. San Diego Flowers
Opinion
Opinion
Brewster, J.
ORDER STAYING PROCEEDINGS IN THIS CASE FOR 60 DAYS AND RETAINING SAN DIEGO FLOWERS’ MOTION TO DISMISS UNDER SUBMISSION
I. INTRODUCTION
On April 24, 1998, Plaintiff filed a complaint alleging discrimination in access to public accommodations in violation of the Americans With Disabilities Act of 1990, 42 U.S.C. ,§§ 12101 et seq. (ADA), in addition to several supplemental state law causes of action. Defendant San Diego Flowers (SDF) now moves to dismiss for want of subject matter- jurisdiction and failure to state a claim under Fed.R.Civ.P. 12(b)(1) and (6), respectively. Upon due consideration of the moving and responding papers and for the reasons set forth below, the Court hereby DENIES SDF’s motion to dismiss.
II. BACKGROUND
The following factual allegations are set forth in the complaint. Bernard Snyder (Plaintiff) has a mobility impairment that requires him to use a wheelchair. On or about August 23, 1997, Plaintiff attempted to visit several adjacent public businesses: San Diego Flowers, Village Square Liquor & Deli, and Terrance R. Caster Trust (Defendants). Plaintiff alleges that he could not access any of these businesses because they have not complied with the…