Whitaker

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BRIAN WHITAKER, Case No. 21-cv-07436-AGT

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS

PAMELA CHAU, Re: Dkt. No. 8 Defendant.

Brian Whitaker alleges that he’s a quadriplegic who uses a wheelchair, that he went to the defendant’s Oakland-based restaurant in August 2021, and that on the date of his visit, the defend- ant didn’t provide wheelchair-accessible dining surfaces in compliance with the ADA. In more detail, Whitaker explains that “the dining surfaces did not provide sufficient toe and knee clearance for wheelchair users.” Compl. ¶ 12. These allegations do more than “recite the elements of an ADA claim”: they put the de- fendant “on notice of how the [dining surfaces] prevented Whitaker from full and equal access” to the defendant’s restaurant. Whitaker v. Tesla Motors, Inc., 985 F.3d 1173, 1177 (9th Cir. 2021). Because the allegations are not legal conclusions, they must be accepted as true at this stage in the case. See Ashcroft v. Iqbal, 556 U.S. 662, 678–79 (2009). And when accepted as true, they state a plausible claim for relief under…