Whitaker v. Alice & Olivia California Holdings LLC

Background

Brian Whitaker sued Alice & Olivia California Holdings LLC after encountering a lounge table at the defendant’s clothing store. Whitaker alleged that the table lacked sufficient knee and toe clearance for wheelchair users. He asserted a claim under the Americans with Disabilities Act (ADA) and a claim under California’s Unruh Act.

ADA Claim

The court explained that an ADA claim based on a physical barrier generally depends on whether the plaintiff identifies a violation of federal accessible-design guidance. Federal guidance does not require every table in a public accommodation to be accessible because some tables may be decorative or intended only to hold belongings.

Whitaker relied on a regulation requiring knee and toe clearance where space beneath a table is included as part of clear floor or ground space or turning space. The court concluded that the regulation was not implicated by Whitaker’s allegations. He did not allege a floor-clearance problem or that the table interfered with his ability to navigate the store; he alleged only that he could not use the table. Because he did not allege that he was denied full and equal enjoyment of the store, the court dismissed the ADA claim.

Unruh Act Claim and Disposition

The court declined to exercise supplemental jurisdiction over the Unruh Act claim. Supplemental jurisdiction is the federal court’s authority to hear a related state-law claim along with a federal claim. The court found exceptional circumstances based on its description of Whitaker as a frequent filer of ADA and Unruh Act claims seeking federal jurisdiction to circumvent California procedural barriers to those suits.

Judge Chhabria granted the motion to dismiss. The ADA claim was dismissed with leave to amend. The Unruh Act claim was dismissed without leave to amend, but without prejudice to refiling in state court. All deadlines and hearings were vacated, and any amended complaint was due within 14 days of the order. If no complaint was filed, the Clerk was directed to close the case.