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