Melissa Earll v. Ebay, Inc.

MEMORANDUM

Earll appeals the district court’s dismissal of her Americans with Disabilities Act (ADA) claim, 42 U.S.C. §§ 12181-12189 , her California Disabled Persons Act claim, Cal. Civ.Code §§ 54, 54.1(a), and her Unruh Civil Rights Act claim, Cal. Civ. Code §§ 51-52 . We have jurisdiction under 28 U.S.C. § 1291 . We affirm the dismissal of all three claims.

Under Title III of the ADA, “[n]o individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation.” 42 U.S.C. § 12182 (a). We have previously interpreted the term “place of public accommodation” to require “some connection between the good or service complained of and an actual physical place.” Weyer v. Twentieth Century Fox Film Corp., 198 F.3d 1104, 1114 (9th Cir.2000). Because eBay’s services are not connected to any “actual, physical place[ ],” eBay is not subject to the ADA. See id. Therefore, in light of Weyer , Earll’s ADA claim fails as a matter of law. See id.

The Disabled Persons Act guarantees that “[ijndividuals with disabilities shall be entitled to full and…