Deborah Sanzaro v. Ardiente Homeowners Associatio

MEMORANDUM

Deborah and Michael Sanzaro appeal pro se from the district court’s judgment dismissing their action under 42 U.S.C. § 1988 , the Americans with Disabilities Act (“ADA”), and the Fair Housing Act (“FHA”) for failure to state a claim. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Arizona v. Harkins Amusement Enters., Inc., 603 F.3d 666, 669 (9th Cir.2010). We affirm in part, vacate in part, and remand.

The district court properly dismissed the Sanzaros’ Fourteenth Amendment claim because the Sanzaros failed to allege that any defendant is a state actor. See Johnson v. Knowles, 113 F.3d 1114 , 1117 (9th Cir.1997) (explaining the requirements of a claim for relief under § 1983).

The district court concluded that the Sanzaros failed to state a claim under the ADA because the Ardiente Homeowners Association clubhouse is a private property. However, private clubs and facilities are exempt from the ADA only if they are “not in fact open to the public[.]” 42 U.S.C. § 2000a(e); see also 42 U.S.C. § 12187 (the ADA does not apply to private clubs and facilities exempted by § 2000a). The Sanzaros’ allegations that Deborah Sanzaro is disabled within the meaning…