Whitaker

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BRIAN WHITAKER, Case No. 21-cv-07698-VC

Plaintiff,

ORDER RE MOTION FOR

v. ATTORNEY'S FEES AND COSTS

PEET'S COFFEE, INC., Re: Dkt. No. 51 Defendant.

The motion for attorney’s fees and sanctions is granted in part and denied in part. I. Brian Whitaker alleges that he visited Peet’s Coffee in the SoMa neighborhood of San Francisco in September 2021 “to avail himself of its goods or services motivated in part to determine if the defendants comply with the disability access laws.” Complaint ¶ 8, Dkt. No. 1. Whitaker is quadriplegic and uses a wheelchair for mobility. During his visit, he allegedly saw that Peet’s had failed to provide wheelchair accessible outdoor dining tables. Id. at ¶¶ 10–14. Based on this alleged violation, Whitaker filed a lawsuit against Peet’s under the Americans with Disabilities Act and California’s Unruh Act.1 To have Article III standing for injunctive relief—the only form of relief available under the ADA—a plaintiff cannot simply point to “past exposure to illegal conduct.” City of Los Angeles v. Lyons, 461 U.S. 95, 102 (1983)…