Judy Szwanek v. Jack in the Box, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 3 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JUDY SZWANEK; JAMES LOPEZ II, No. 20-16942 individually and on behalf of all others similarly situated, D.C. No. 3:20-cv-02953-WHA

Plaintiffs-Appellants,

MEMORANDUM*

v.

JACK IN THE BOX, INC.; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California William Alsup, District Judge, Presiding

Argued and Submitted October 18, 2021 San Francisco, California

Before: WATFORD and HURWITZ, Circuit Judges, and BAKER,** International Trade Judge. Dissent by Judge WATFORD.

Judy Szwanek and James Lopez II, who are both legally blind, claim that Jack

in the Box violated Title III of the Americans with Disabilities Act (ADA) and the

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable M. Miller Baker, Judge for the United States Court of International Trade, sitting by designation. Unruh Civil Rights Act by…