Brooke

Proceedings: [IN CHAMBERS] ORDER DISMISSING CASES FOR LACK OF JURISDICTION

1. Initial Impressions

Plaintiff Theresa Brooke has filed several cases in this district — over ninety by the Court’s last count — alleging that hotels in the Orange County area are violating the Americans with Disabilities Act (“ADA”) by not having pool lifts in their pools or Jacuzzi tubs. Some of those cases, captioned above, were assigned to this Court. Congress passed the ADA “to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities.” 42 U.S.C. § 12101 (b)(2). “Its passage was premised on Congress’s finding that discrimination against the disabled is ‘most often the product, not of invidious animus, but rather of thoughtlessness and indifference,’ of ‘benign neglect,’ and of ‘apathetic attitudes rather than affirmative animus.’ ” Chapman v. Pier 1 Imports (U.S.) Inc., 631 F.3d 939, 944 (9th Cir. 2011) (quoting Alexander v. Choate, 469 U.S. 287, 295-96 , 105 S.Ct. 712 , 83 L.Ed.2d 661 (1985)). This Court is not apathetic to ADA cases. Indeed, as a matter of course, it holds early scheduling conferences in ADA cases to reduce…