Whitaker

Whitaker v. QIA SR San Francisco Operating LLC

Good Law
United States District Court, Northern District of CaliforniaOctober 20, 20214:21-cv-00627California544 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-00627-DMR

Plaintiff,

ORDER ADMINISTRATIVELY

v. CLOSING CASE

QIA SR SAN FRANCISCO OPERATING Re: Dkt. Nos. 17,

LLC,

11 Defendant. 12 Plaintiff Brian Whitaker alleges that Defendant QIA SR San Francisco Operating LLC violated the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101 et seq. and California’s Unruh Civil Rights Act, Cal. Civ. Code §§ 51-53. Defendant filed a motion to dismiss, which is pending. [Docket No. 8.] At issue in this case is the scope of the regulations implementing the ADA, specifically with respect to reservations systems for lodging facilities. See 28 C.F.R. § 36.302(e)(1)(i), 28 C.F.R. § 36.302(e)(1)(ii). Those regulations are collectively referred to as the “Reservations Rule.” The Ninth Circuit has yet to interpret the Reservations Rule, but appeals are currently pending in at least two cases. See Love v. Marriott Hotel Srvcs., Inc., No. 20-cv-07137- TSH, 2021…

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