Gomez
Gomez v. Smith
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
ANDRES GOMEZ,
Case No. 21-cv-07154-RS Plaintiff, 11 v. ORDER GRANTING MOTION TO DISMISS
AGI SMITH,
13 Defendant.
15 Plaintiff Andres Gomez is legally blind and cannot use a computer without assistance of screen-reader software (“SRS”). Gomez brought this suit under the Americans with Disabilities Act (“ADA”) and California’s Unruh Civil Rights Act (“Unruh Act”) against Agi Smith, a real estate agent. Gomez avers he was unable to use SRS to navigate a website owned and operated by Smith. Smith moves to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1), asserting facial and factual attacks on Gomez’s standing. Dkt. 19. Gomez’s complaint fails to plead a nexus between the website and a physical place of public accommodation, and thus has failed to establish an injury under the ADA. The lack of an injury-in-fact means Gomez has not established standing, and the motion to dismiss is therefore…