Whitaker

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 BRIAN WHITAKER, Case No. 3:21-cv-09397-JD

Plaintiff,

ORDER RE MOTION TO DISMISS;

v. ORDER TO SHOW CAUSE

GOUVEIA’S PIZZA, Defendant.

11 Plaintiff Brian Whitaker is a quadriplegic and requires a wheelchair for mobility. Dkt. No. 1 ¶ 1. He has alleged violations of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (ADA), and the California Unruh Civil Rights Act, Cal. Civ. Code §§ 51-53, against defendant Gouveia’s Pizza (Gouveia’s), which owns the North Beach Pizza restaurant in San Mateo, California. Id. ¶¶ 2-3. Whitaker says that he visited North Beach Pizza in November 2021 “with the intention to avail himself of its goods or services motivated in part to determine if the defendants comply with the disability access laws.” Id. ¶ 8. The complaint alleges that the restaurant “fail[s] to provide wheelchair accessible outside dining surfaces” that conform to ADA standards, and that Whitaker “personally…