Whitaker

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BRIAN WHITAKER, Case No. 21-cv-08106-VC

Plaintiff,

ORDER GRANTING MOTION TO

v. DISMISS

ALICE & OLIVIA CALIFORNIA Re: Dkt. No.

HOLDINGS LLC,

Defendant.

When Whitaker went to Alice & Olivia’s clothing store, he encountered a “lounge table” that lacked sufficient knee or toe clearance for wheelchair users. Because Whitaker has not alleged that he was denied “full and equal enjoyment” of the store, his ADA claim is dismissed. The Court declines to exercise supplemental jurisdiction over Whitaker’s Unruh Act claim, so the case is dismissed. 1. In general, the sufficiency of ADA claims alleging physical barriers to access boils down to whether the plaintiff has identified a violation of federal guidance on accessible design standards. “If a particular architectural feature of a place of public accommodation is inconsistent with” the Attorney General’s ADA Accessibility Guidelines, “a plaintiff can bring a civil action claiming that the feature constitutes a barrier that denies the plaintiff full and equal enjoyment of the premises in violation of the ADA.” Oliver v.…