Love

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAMUEL LOVE, Case No. 21-cv-00933-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS WITH LEAVE TO AMEND;

VACATING CASE MANAGEMENT

CONCORD HOTEL LLC, CONFERENCE

Defendant. Re: Dkt. No.

Concord Hotel’s motion to dismiss Love’s claim under the Americans with Disabilities Act (ADA) and derivative claim under California law is granted. Love’s claims are based on Concord Hotel’s alleged failure to comply with ADA regulations that require hotels to include accessibility information on their websites. Specifically, section 36.302 provides that hotels must “[i]dentify and describe accessible features in the hotels and guest rooms . . . in enough detail to reasonably permit individuals with disabilities to assess independently whether a given hotel or guest room meets his or her accessibility needs.” 28 C.F.R. § 36.302(e)(1)(ii). The Department of Justice has issued guidance interpreting section 36.302, to which this Court must generally defer. See 28 C.F.R. § Pt. 36, App. A, “Guidance on Revisions to ADA Regulation on Nondiscrimination on the Basis…