Kalani

ORDER

Plaintiff is a wheelchair-bound resident of a mobile home park. He sues defendants under Title III of the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12182 (prohibiting discrimination based on disability in “public accommodations”), and California state law, including the Un-ruh Act, Cal. Civ.Code § 51(f). 1 The Second Amended Complaint (“Complaint”) alleges that plaintiff has been denied full and equal access to facilities associated with the park — and that are available to the general public. Plaintiff specifically names the “Clubhouse” and its restroom, the sales and rental office located in the Clubhouse, and the parking lot serving the office and the Clubhouse, as non-aecessi-ble, public facilities. The Complaint seeks injunctive relief under the ADA, and damages under state law. The parties cross-move for summary judgment.

Defendants assert that (1) the court lacks subject matter jurisdiction because the mobile home park is not a public accommodation, (2) the Clubhouse is a “private club” and therefore exempt from the ADA pursuant to 42 U.S.C. § 12187 (incorporating 42 U.S.C. § 2000a(e)), (3) plaintiff lacks standing because he did not use these facilities…