Whitaker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 BRIAN WHITAKER, Case No. 21-cv-06897-EMC

Plaintiff,

ORDER GRANTING DEFENDANT’S

v. MOTION FOR JUDGMENT ON THE

PLEADINGS

DORCAS Y. AGUILAR, Docket No. 35 Defendant.

12 13 I. INTRODUCTION In this case, Plaintiff Brian Whitaker alleges that Defendant Dorcas Aguilar has violated the Americans with Disabilities Act of 1990 (“ADA”) and California Unruh Civil Rights Act, Cal. Civ. Code §§ 51-53, because her restaurant, Cafecito Latino, purportedly fails to provide wheelchair-accessible outside dining spaces. Aguilar has moved for judgment on the pleadings based on mootness and a failure to state a claim. She argues that the ADA claim is moot because (1) Cafecito Latino does not currently provide any outside dining spaces, and (2) the parties have entered into a Consent Decree that resolves the injunctive relief that Whitaker seeks. Aguilar also argues that the claim is insufficiently pleaded. For…