Whitaker v. The Lonely Planet LLC

Background

Brian Whitaker alleged that The Lonely Planet LLC, which owned the N-Zone Uptown restaurant in Oakland, violated the Americans with Disabilities Act and California’s Unruh Civil Rights Act by providing outdoor dining tables more than 40 inches high. Whitaker used a wheelchair and visited the restaurant in April 2021.

The clerk entered the defendant’s default after the defendant did not respond. Whitaker later moved for default judgment. Magistrate Judge Jacqueline Scott Corley recommended denying that motion after identifying deficiencies and giving Whitaker an opportunity to submit additional material. Whitaker objected. Judge Alsup adopted the report and recommendation to the extent stated, overruled the objections, denied default judgment, and dismissed the case.

Reasons for Denying Default Judgment

A default does not automatically establish a plaintiff’s entitlement to relief. The plaintiff must still show that the pleaded facts support a legal claim.

The court held that Whitaker’s complaint did not adequately establish which version of the ADA accessibility standards applied to the restaurant. It did not allege the building’s construction or licensing history, whether alterations occurred, the amount and location of indoor and outdoor seating, or enough facts to determine whether the required proportion of accessible dining surfaces existed or was properly distributed.

The court also rejected Whitaker’s argument that pandemic conditions required accessible outdoor seating. The complaint did not allege facts about Whitaker’s individual health risk, local infection conditions, or health rules that may have restricted indoor dining at the restaurant.

The court further concluded that the complaint did not state claims under the other cited ADA provisions. It did not adequately allege that the barriers were readily removable, identify a concrete reasonable modification Whitaker requested, or explain when and how the restaurant had been altered. The court stated that the related Unruh Act claim was coextensive with the ADA claim and therefore also failed on the pleaded facts.

Standing and Disposition

The court additionally held that Whitaker had not shown Article III standing, meaning a sufficient injury and likelihood of future harm to invoke the jurisdiction of a federal court. Whitaker stated that he intended to return after the barriers were removed and that he was deterred from returning until then. The court found that statement conclusory because Whitaker had alleged no specific connection to Oakland, no specific plan to return there, no specific connection to the restaurant, and no specific plan to return to the restaurant. The opinion states that Whitaker lived 370 miles from the restaurant.

The court therefore overruled Whitaker’s objections and denied default judgment. It dismissed the case and ordered the clerk to close the file. Because the federal claim was dismissed for lack of subject-matter jurisdiction, the court stated that dismissal of the supplemental state-law claim was mandatory.

Judge

The opinion is signed by Liam Alsup, United States District Judge.