Mayer

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 8 THOMAS MAYER, Case No. 5:20-cv-06710-EJD 9 Plaintiff, ORDER DENYING DEFENDANT’S MOTION TO DISMISS v. 11 CITY OF SAN JOSE, Re: Dkt. No. 27 12 Defendant.

Plaintiff Thomas Mayer (“Mayer”) alleges Defendant City of San Jose (hereinafter “the City” or “San Jose”) discriminated against him on the basis of a disability. The City filed a motion to dismiss based on Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). See ECF 27. The motion has been fully briefed. See ECF 36, 37. The Court finds this matter suitable for submission on the papers and without oral argument pursuant to Civil Local Rule 7–1(b). For the reasons stated below, the City’s motion to dismiss is DENIED. I. BACKGROUND1 Mayer is an amateur photographer and often takes pictures of public protests and cultural events. FAC ¶ 11. He is also a person with physical disabilities who relies on a power wheelchair…