Love

I. BACKGROUND

23 A. Factual Background 24 Love is a California resident with physical disabilities who uses a wheelchair for 25 mobility. See Love Decl. (dkt. 30-2) ¶ 2; Ex. 1 Love Depo. (dkt. 42-2) at 10:17–10:24. In 26 June 2019, Love visited an O’Reilly Auto Parts store in San Mateo, California. Love Decl. 27 ¶ 3, Ex. 2 Receipt (dkt. 30-3). The O’Reilly Auto Parts store has a lowered sales counter for transactions involving customers with disabilities. See Love Decl. ¶ 5. During his visit, Love asked to be helped at the lowered counter in another area of the store, but the employee denied Love’s request. See Love Decl. ¶ 5. The employee declined to accommodate Love because the lowered counter was not usable at the time. See id.; see also Sanabria Decl. (dkt. 31-1) ¶ 4. Because the employee would not assist Love at the lowered sales counter, Love had to conduct his transaction at the higher sales counter, which was not accessible to him, and caused much “difficulty and discomfort.” Love Decl. ¶ 6. Love plans to return to the store “to assess the Store for compliance with disability access laws and confirm that the lowered…