Whitaker

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 4 BRIAN WHITAKER, Case No. 21-cv-01308-AGT

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS

BOUNSOM SIVONGSA, Re: Dkt. No. 14 Defendant.

Brian Whitaker is a quadriplegic who uses a wheelchair. He alleges that in October 2020, he visited a San Francisco-based coffee shop owned by the defendant. He maintains that when he visited, the coffee shop failed to provide wheelchair accessible tables. Specifically, the tables didn’t have enough knee or toe clearance for wheelchair users. See Compl. ¶ 12. Due to the lack of accessible seating, he alleges that defendant denied him full and equal access to the coffee shop, in violation of the Americans with Disabilities Act and California’s Unruh Civil Rights Act. Defendant has moved to dismiss Whitaker’s ADA claim. He argues that the claim is moot because the claim is only for injunctive relief and the identified barrier has already been removed.1 Specifically, he explains that when…