Tackett

ORDER

A disabled plaintiff sues a restaurant based on its allegedly inaccessible parking lot. Defendants move to dismiss for lack of subject matter jurisdiction. The court submitted the case without a hearing. ECF No. 19. As discussed below, the court DENIES defendants’ motion.

I. PROCEDURAL HISTORY AND FACTUAL ALLEGATIONS

Plaintiff filed the operative complaint on October 10, 2016. Compl., ECF No. 1. The complaint alleges defendants violated: (1) the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 , et seq. (ADA); and (2) the Unruh Civil Rights Act, Cal. Civ. Code sections 51-53. See generally Compl.

The following factual allegations give rise to plaintiffs claims. Plaintiff is a level C-5 quadriplegic who has trouble using his hands and cannot walk. Compl. ¶ 1. He uses a wheelchair and has a specially equipped van. Id.

Defendants Laurie Elizabeth Tackett and Shawn D. Tackett own Burger Barn, a restaurant in Pollock Pines, California. Id. ¶¶ 2-16 . On several occasions, including in February 2015, May 2016, June 2016, and July 2016, plaintiff ate at Burger Barn. Id. ¶ 21 . When attempting to park, plaintiff encountered parking-lot related barriers. Id. ¶ 24 .…