Disabled Rights Action Committee v. Santa Fe Gaming Corp.

MEMORANDUM **

Plaintiffs brought this action pursuant to Title III of the Americans With Disabilities Act (“ADA”), seeking an accounting for unjust enrichment because one of the shuttle buses that defendant Santa Fe Gaming (“Santa Fe”) operated was not accessible to patrons who use wheelchairs. The district court dismissed the complaint pursuant to Fed.R.Civ.P. 12(b)(6), and plaintiffs appeal.

The district court ruled that the remedial provision of Title III of the ADA, 42 U.S.C. § 12188 , does not allow an equitable remedy in monetary form, such as an accounting for unjust enrichment. 1 We agree that the relief sought here is not authorized, given the circumstances of this case, and need not decide any broader question.

Plaintiffs have not stated a cognizable claim for unjust enrichment. They do not allege that defendant Santa Fe gained profits from its alleged ADA violation that properly belonged to the plaintiffs. See, e.g. Oregon Laborers-Employes Health & Welfare Trust Fund v. Philip Morris, 185 F.3d 957, 968 (9th Cir.1999) (stating that “to state a cause of action for unjust enrichment, plaintiffs must show that they conferred a ‘benefit’ on defendants and that it would…