Dominick Martin v. Aspen Skiing Company
Opinion
Trial Court Opinion
I. Background
A. Facts The following facts are drawn from Plaintiffs’ Complaint (Dkt. 1-1). Defendant offers a website, which provides a breadth of information concerning its products and other amenities and services, privileges, advantages, and accommodations. Compl. ¶ 15. Plaintiffs allege that it is Defendant’s policy and practice to deny blind users, including
CIVIL MINUTES – GENERAL
Case No. ED CV 19-0742-DOC (AGRx) Date: October 30, 2020 Page
Plaintiffs, equal enjoyment of and access to the Website. Id. ¶ 16. Due to Defendant’s failure and refusal to remove access barriers on the website, Plaintiffs and other blind and visually impaired individuals have been denied equal enjoyment of and access to Defendant’s services, advantages, privileges, and accommodations offered to the public through the website. Id.
B. Procedural History On August 12, 2020, Plaintiffs filed the Complaint in California Superior Court, County of Orange. Dkt. 1-1. On September 21, 2020, Defendant removed. Dkt. 1. Defendant argues that it offered to agree to remand if Plaintiffs would stipulate that they are not seeking or claiming any relief under the Americans with…