Witt

Witt v. Bristol Farms

Good Law
United States District Court, Southern District of CaliforniaMarch 11, 20223:21-cv-00411California2,985 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 SALIMA WITT, Case No. 21-cv-00411-BAS-AGS

Plaintiff,

ORDER GRANTING DEFENDANT’S

v. MOTION TO DISMISS (ECF No. 12)

BRISTOL FARMS,

Defendant. 16 Plaintiff Salima Witt has stage three cancer and chronic asthma. In 2020, Witt was escorted out of Defendant Bristol Farms’ grocery store for not wearing a face covering as required by the store’s COVID-19 policy. Witt filed this action against Bristol Farms, claiming that Bristol Farms denied her public accommodation in violation of Title III of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12181 et seq. (“ADA”). Pending before the Court is Defendant Bristol Farms’ motion to dismiss filed under Federal Rule of Civil Procedure 12(b)(6). (ECF No. 12.) For the following reasons, the Court GRANTS the motion. // // // // I. BACKGROUND According to the Complaint, Witt is a resident of the City of Encinitas,…

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