Love v. Hoyas Owner LLC

Background

The court considered Hoyas Owner LLC’s motion to dismiss for failure to state a claim. Samuel Love’s complaint alleges that the defendant’s hotel reservation system did not adequately identify and describe the accessible features of a guest room he considered booking.

The dispute concerns the Americans with Disabilities Act’s reservations rule. That rule requires covered entities to modify reservation policies and procedures so people with disabilities can reserve accessible rooms during the same hours and in the same manner as people who do not need accessible rooms. It also requires reservation services to identify and describe accessible features in enough detail to allow people with disabilities to independently assess whether a hotel or room meets their needs.

Issue and Court’s Reasoning

Hoyas Owner LLC argued that its reservation system complied with the reservations rule, as interpreted by the Department of Justice, and that it therefore prevailed as a matter of law. The court noted that the Ninth Circuit had not yet interpreted the rule. It also noted that appeals were pending in at least two related cases involving the issue raised by the motion to dismiss.

Order

The court issued an order to show cause, meaning it required the parties to explain why a proposed action should not be taken. Specifically, the court ordered Samuel Love and Hoyas Owner LLC to submit written responses by September 10, 2021, explaining why the action should not be stayed pending a Ninth Circuit ruling in one or both related appeals. The opinion does not state that the court granted or denied the motion to dismiss, and it does not state that the case was stayed.

Judge Jon S. Tigar therefore paused consideration of the motion by seeking the parties’ responses; the order did not resolve the underlying Americans with Disabilities Act dispute.