Sanchez v. North Beach Alliance, LLC

Background

Jorge Sanchez and Matt Scott alleged that they encountered accessibility barriers at Barbarossa Lounge in San Francisco. The opinion states that there was no designated accessible path to their table, the table was too low for their wheelchairs, and the only restroom was downstairs without an elevator or lift. Employees assisted Scott down the stairs in his wheelchair, while Sanchez walked with assistance on his prosthetic leg. The experience was painful and embarrassing, and plaintiffs left early.

Plaintiffs sued North Beach Alliance LLC, identified as the lounge’s operator, and Shannon Gwin, identified as the owner of the property where the lounge is located. They asserted claims under Title III of the Americans with Disabilities Act, the California Unruh Civil Rights Act, and the California Disabled Persons Act. Defendants did not appear or timely respond. The Clerk entered their default, and plaintiffs moved for default judgment.

Jurisdiction and Default Judgment

The report concluded that the court had federal-question jurisdiction over the ADA claim and supplemental jurisdiction over the state-law claims. It also concluded that defendants had been properly served and that the court had personal jurisdiction over them.

Applying the factors used for default judgment, the report found that plaintiffs would be prejudiced without a judgment, defendants had not shown excusable neglect, and defendants’ failure to respond made a decision through ordinary litigation impractical. The report concluded that plaintiffs’ allegations supported all three elements of a Title III ADA claim: they were disabled under the statute, the lounge was a place of public accommodation, and they were denied full access because of disability-related barriers. It further stated that the alleged ADA violations also supported the Unruh Act and Disabled Persons Act claims.

Recommended Relief

The report recommended a permanent injunction requiring defendants to provide at least 5% accessible seating, maintain an accessible path through the lounge’s interior, and provide an accessible path to an accessible restroom, either by installing a lift or another accessible means of entry and exit or by creating another accessible restroom on an accessible route.

For statutory damages under the Unruh Act, the report recommended $4,000 for each plaintiff, or $8,000 total, based on the occasion when each plaintiff encountered the barriers. It recommended denying the additional $4,000 requested for each plaintiff as deterrence because plaintiffs had not identified a particular later occasion when they were deterred from returning.

The report also recommended $13,132 in attorneys’ fees and $3,252.26 in litigation costs. It recommended granting plaintiffs’ motion for default judgment in part and denying it only as to the additional deterrence damages. It directed reassignment to a district judge because defendants had not appeared or consented to magistrate-judge jurisdiction. The report stated that any party could object within 14 days after being served; the text does not show whether a district judge later adopted the recommendation.

Procedural Status

This document is a magistrate judge’s report and recommendation, not a final district-judge judgment. Alex G. Tse signed it as United States Magistrate Judge on October 22, 2024.