Powers
Powers v. Mad Vapatory LLC
Opinion
trial_court Opinion
1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 8 DOUGLAS POWERS, Case No. 19-cv-05642-VKD
9 Plaintiff,
ORDER DENYING DEFENDANTS’
10 v. MOTION TO DISMISS
11 MAD VAPATORY LLC, et al., Re: Dkt. No. 16 Defendants. 12
13 14 In this disability rights action, plaintiff Douglas Powers sues for alleged accessibility 15 violations he says he encountered during a July 2019 visit to a Vape Affair store (“Facility”) in 16 Santa Clara, California. He asserts claims under Title III of the Americans with Disabilities Act of 17 1990 (“ADA”), 42 U.S.C. § 12101, et seq. and the California Unruh Civil Rights Act (“Unruh 18 Act”), Cal. Civ. Code § 51, et seq. Pro se defendants Margaret and Hazim Petros own the 19 property where the Facility is located. They move to dismiss the complaint pursuant to Rule 20 12(b)(1), arguing that Mr. Powers’s ADA claim is moot.1 Because the ADA claim is the sole 21 basis for federal jurisdiction, and because injunctive relief is the only remedy…