Whitaker
Whitaker v. Slainte Bars LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-03750-JSC
Plaintiff,
ORDER RE: PLAINTIFF’S STANDING
v.
SLAINTE BARS LLC, Defendant.
12 Brian Whitaker sues Slainte Bars LLC, the owner of the Alhambra Irish House in Redwood City, California, for violations of (1) the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, et seq. (ADA), and (2) the Unruh Civil Rights Act, Cal. Civ. Code § 51-53, based on Slainte Bars’ failure to accommodate his disability. (Dkt. No. 1.) Slainte Bars moved to dismiss the complaint for lack of subject matter jurisdiction. (Dkt. No. 11.) In particular, Slainte Bars made a factual challenge to Mr. Whitaker’s Article III standing to pursue his ADA injunctive relief claim, contending that Mr. Whitaker’s injury is not actual or imminent. The Court concluded that drawing all reasonable inferences from the complaint’s allegations in Mr. Whitaker’s favor, he had adequately alleged an intent to return to the Alhambra Irish House sufficient to…