Moreno

ORDER GRANTING IN PART PLAINTIFF’S MOTION TO FILE FIRST AMENDED COMPLAINT

This case presents an issue of apparent first impression: whether standing under the Americans with Disabilities Act ( 42 U.S.C. § 12101 et seq.) providing recourse for an inappropriate architectural barrier at a place of public accommodation is “site specific.” The question is whether a disabled plaintiff who suffers discrimination due to an inappropriate architectural barrier 'at one business location may sue for the existence of similar barriers at the same defendant’s other business locations where the plaintiff has not personally suffered discrimination. The Court holds standing under this provision of the ADA is limited to the specific location where a plaintiff suffers actual “injury in fact.” The individual plaintiff in this case lacks standing to assert claims based on a generalized grievance of similar barriers at other locations or on injuries suffered by third parties at other locations.

I. BACKGROUND

Plaintiffs original disability discrimination complaint alleges claims under the Americans with Disabilities Act for architectural barriers at Defendants’ gas station and convenience store in…