McLean

MEMORANDUM **

James McLean appeals the district court’s order dismissing his complaint for *499 failure to state a claim pursuant to Fed. R.Civ.P. 12(b)(6). McLean alleges that the City of Big Bear Lake (“Big Bear”) violated his rights under the Equal Protection Clause by subjecting his bed and breakfast to a more onerous set of regulations than those applied to single family home “vacation rentals” within Big Bear. McLean also alleges that failure to subject vacation rentals to the same regulations applied to his bed and breakfast will lead to an eventual suit by a handicapped patron under the Americans with Disability Act (“ADA”), 42 U.S.C. § 12182 . Because we agree with the district court that Big Bear’s less stringent regulation of single family vacation rentals is rationally related to a legitimate state interest, and further that McLean lacks standing to assert a claim under the ADA, we affirm.

Big Bear regulates single family home vacation rentals under City Ordinance No. 99-300. Because this regulation does not impinge upon a fundamental right or target a suspect class, we analyze the regulation to determine whether “there is any reasonable conceivable state of facts…