Whitaker v. Le Marais Bakery, LLC

Background

Brian Whitaker, who uses a wheelchair for mobility, visited Le Marais Bakery in August 2021. He alleged that the bakery did not provide wheelchair-accessible outdoor dining surfaces that complied with the Americans with Disabilities Act (ADA). He sued under Title III of the ADA, which addresses access to privately operated public accommodations, and under California’s Unruh Civil Rights Act. He sought an injunction requiring the bakery to bring its store into compliance with the ADA and sought statutory damages under the Unruh Act.

Le Marais Bakery moved to dismiss under Federal Rule of Civil Procedure 12(b)(1), which allows dismissal for lack of subject-matter jurisdiction. It submitted evidence that it had permanently closed its operations at the property, removed its furniture, fixtures, and equipment, and had no plan to reopen there.

ADA Claim

The court held that Whitaker’s request for an ADA injunction was moot. A federal court may decide only live disputes, and a plaintiff seeking an injunction must show a real and immediate threat that he will suffer a similar injury again. Because the bakery’s former location was no longer operating and there was no plan to reopen, the court concluded that Whitaker could not face another access violation at that location.

Whitaker argued that his request for nominal damages kept the ADA claim alive. The court rejected that argument because, under the authorities it applied, a private plaintiff suing under Title III of the ADA may obtain only injunctive relief, not actual or nominal damages. The court therefore dismissed the ADA claim for lack of jurisdiction.

Unruh Act Claim

The Unruh Act claim sought statutory damages for Whitaker’s August 2021 visit and therefore remained a live claim based on alleged past harm. But the court had jurisdiction over that state-law claim only through supplemental jurisdiction, meaning jurisdiction connected to the dismissed federal claim. After dismissing the ADA claim, the court declined to exercise supplemental jurisdiction over the Unruh Act claim, citing judicial economy, convenience, fairness, and respect for state courts. The court granted the motion to dismiss that claim as well.

Sealing Request and Disposition

The court granted Whitaker’s request to seal Exhibit A to the Declaration of Christopher Whang because the exhibit concerned confidential settlement discussions. The court granted Le Marais Bakery’s motion to dismiss and stated that the jurisdictional defect could not be cured by amendment; the dismissal was therefore without leave to amend. Judge Thomas S. Hixson also directed the Clerk of Court to seal the specified exhibit.