Hernandez

ORDER DENYING DEFENDANTS’ MOTIONS TO DISMISS

(Re: Docket Nos. 44, 58, 75)

The present motions in this civil rights suit raise two related issues: exactly who may challenge the conditions of a county jail and who exactly may be challenged? While standing and mootness disputes in cases such as this are hardly new, the question of whether a private provider of jail medical facilities are services can face scrutiny under Title III of the Americans with Disabilities Act does appear to be novel.

The first motion before the court is a motion to dismiss filed by Defendants County of Monterey and Monterey County Sheriffs Office. 2 The second motion to dismiss was filed by Defendant California Forensic Medical Group, Incorporated. 3 Plaintiffs oppose, 4 and the parties appeared for a hearing. 5 Having considered the arguments, the court denies both motions.

I. BACKGROUND

A. Factual Background

Plaintiffs are inmates or recently released inmates from the Monterey County jail. 7 Each plaintiff has been jailed multiple times. 8 The jail frequently houses more than 1,1-00 inmates per day, 9 and *968 inmates stay in the jail on average for 30-40 days. 10 The vast majority of the jail’s…