Whitaker v. Huynh

Background

Brian Whitaker brought claims under the Americans with Disabilities Act (ADA) and California’s Unruh Act. He sought to require Giau M. Huynh to provide accessible paths of travel, door hardware, and outdoor tables at Wellness Nails Care in San Francisco, California.

After the case was filed, Whitaker reported that Huynh had made structural changes and that the alleged barriers no longer existed. The court ordered Whitaker to explain why the case should not be dismissed for lack of subject-matter jurisdiction, meaning the court’s legal authority to decide the claim. Whitaker’s response did not deny that his ADA claim was moot.

Rulings

The court dismissed Whitaker’s ADA claim without leave to amend. The court explained that the ADA allows plaintiffs in this type of action to seek injunctive relief and attorney’s fees, and that once the complained-of violations have been remedied, the claim becomes moot and the plaintiff no longer has standing to pursue it in federal court.

The court also dismissed Whitaker’s Unruh Act claim without prejudice. Because the court had dismissed the only claim over which it had original federal jurisdiction, it declined to continue exercising supplemental jurisdiction over the remaining state-law claim. “Without prejudice” means the order did not state that the Unruh Act claim was permanently barred.

Disposition

The ADA claim was dismissed without leave to amend, and the Unruh Act claim was dismissed without prejudice. The order dismissed the case. Judge Thomas S. Hixson signed the order on May 19, 2022.