Strojnik

BACKGROUND

24 Strojnik is a “disabled person as defined by the ADA,” 42 U.S.C. § 12101 et seq. 25 Complaint (“Compl”) [Dkt. No. 1] ¶ 2. He describes himself as an “ADA tester.” Id. Add. B at 26 30. He alleges he has several disabilities, including prostate cancer; renal cancer; neural foraminal 27 stenosis; a missing knee; limitation on the use of his shoulders, elbows, and wrists; and pleurisy. Declaration of Peter Strojnik (“Strojnik Decl.”) [Dkt. No. 46-5] at 3–4. Strojnik filed this case against defendant VY Verasa Commercial Company LLC dba The Westin Verasa Napa (“the Westin”), which operates a hotel in Napa, California (“the Hotel”). Compl. ¶ 5. He alleges that he “is deterred” from visiting the Hotel due to its failures to comply with the ADA and various provisions of state law. Id. ¶ 11. He claims that he “intends to visit [the] Hotel at a specific time when . . . [it] becomes fully compliant.” Id. ¶ 13. Strojnik alleged that numerous ADA-non-compliant barriers deterred him from visiting the Hotel. They are discussed in detail below. In general, he claimed that third-party booking websites provided insufficient…