Gomez

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

ANDRES GOMEZ, Case No. 21-cv-07148-VC

Plaintiff,

ORDER GRANTING DEFENDANT’S

v. MOTION TO DISMISS WITHOUT

PREJUDICE

THE MAGLIOCCO GROUP INC.,

Re: Dkt. No. 16 Defendant.

The Magliocco Group’s motion to dismiss is granted. Binding Ninth Circuit law dictates that only “actual, physical places where goods or services are open to the public” qualify as “public accommodations” under Title III of the Americans with Disabilities Act. Weyer v. Twentieth Century Fox Film Corp., 198 F.3d 1104, 1114 (9th Cir. 2000). There must be, therefore, “some connection between the good or service complained of and an actual physical place” to state a claim. Id. When it comes to websites, whether there exists some “nexus” between the website and a physical location proves “critical.” Robles v. Domino’s Pizza, LLC, 913 F.3d 898, 905 (9th Cir. 2019). The complaint fails to plausibly allege a nexus between the Magliocco Group’s website and a physical location. It asserts that Gomez is blind and requires the assistance of a screen reader to use a computer. And it explains that he sought to use the…