Willis Blair v. Bank of America

MEMORANDUM

Plaintiff Willis G. Blair appeals the district court’s dismissal of his complaint against defendant Bank of America. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Blair fails to state a claim under Title II of the Americans with Disability Act (ADA), 42 U.S.C. § 12132 , because Bank of America is not a “public entity.” That Bank of America received federal money in connection with the Emergency Economic Stabilization Act of 2008, Pub.L. 110-343, 122 Stat. 3765, and the American Recovery and Reinvestment Act of 2009, Pub.L. 111-5, 123 Stat. 115, does not transform an otherwise private entity into a public one. Cf. S.F. Arts & Athletics, Inc. v. U.S. Olympic Comm., 483 U.S. 522, 543-44 , 107 S.Ct. 2971 , 97 L.Ed.2d 427 (1987).

Blair fails to state a claim under Title III of the ADA, 42 U.S.C. § 12182 (a), because he failed to allege the necessary “connection between the good or service complained of and an actual physical place” required by Title III. Weyer v. Twentieth Century Fox Film Corp., 198 F.3d 1104, 1114 (9th Cir.2000).

Blair failed to state a claim under the Rehabilitation Act, 29 U.S.C. § 794 (a), because he has failed to allege that he was…