Smith v. SFM LLC

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Maria Smith, No. 2:21-cv-01030-KJM-DB Plaintiff, ORDER v. Henry’s Holdings, LLC, 1S Defendant. 16 Maria Smith alleges she was excluded from a grocery store in Sacramento in September 2020 because of a disability that prevents her from wearing a mask or face covering. Second Am. Compl. 9§ 1, 13, ECF No. 26. She alleges she has a neurological disorder that can cause blurred 20 vision, difficulty concentrating, weakness, and other symptoms if she wears a mask or a face shield. See id. §§ 14-19. She brought this action to challenge her exclusion from the store, citing the Americans with Disabilities Act and the California Unruh Civil Rights Act. See id. 23-30. The store now moves to dismiss her claims under Federal Rule of Civil Procedure 12(b)(6). Its 24 motion is fully briefed and the court submitted it without a hearing. See generally Mot., ECF No. 28; Opp’n, ECF No. 31;…