Gastelum v. Blue Diamond Hospitality LLC

Background

Fernando Gastelum brought claims under Title III of the federal Americans with Disabilities Act and California’s Unruh Civil Rights Act against Blue Diamond Hospitality LLC. Gastelum alleged that he visited Blue Diamond’s Hampton Inn & Suites Gilroy and encountered a passenger loading zone outside the lobby that lacked the marked access aisle required by the 2010 ADA Standards for Accessible Design. He alleged that the condition made it more difficult for him to enter and leave the lobby in his wheelchair. He sought injunctive relief, damages, and attorney’s fees and costs if he later hired counsel.

Gastelum appeared without a lawyer. He alleged that he was deterred from returning because of the claimed barriers but intended to return when the hotel was represented as accessible. He also alleged that he returned to the hotel on January 25, 2022, and May 18, 2022, but found it inaccessible.

Motions and jurisdiction

Blue Diamond moved to dismiss the Second Amended Complaint for lack of subject-matter jurisdiction, arguing that Gastelum lacked Article III standing. Article III standing requires an injury in fact, a connection between the injury and the defendant’s conduct, and a remedy the court can provide. For an ADA plaintiff seeking an injunction, the plaintiff must also show a real and immediate threat of repeated injury.

The court held that the standing question was closely tied to factual issues going to the merits—particularly whether the hotel had a passenger loading zone and whether its facilities were accessible to Gastelum. The court therefore denied Blue Diamond’s motion to dismiss as to the federal ADA claim. It also found that Gastelum’s sworn allegations sufficiently showed an intent to return and current deterrence, giving him standing to seek injunctive relief.

Unruh Act claim

The court declined to exercise supplemental jurisdiction over Gastelum’s Unruh Act claim. Supplemental jurisdiction allows a federal court to hear related state-law claims, but the court may decline that jurisdiction in exceptional circumstances. Relying on Ninth Circuit authority concerning high-frequency California accessibility litigation, the court found exceptional circumstances and concluded that considerations of comity, fairness, economy, and convenience favored declining jurisdiction. The court rejected Gastelum’s arguments that the federal ADA regulations preempted California’s procedural requirements and that those requirements were aimed only at attorneys.

The court therefore dismissed the Unruh Act claim. The order did not state that this dismissal was with or without prejudice.

Summary judgment on the ADA claim

Both parties moved for summary judgment. Summary judgment is entered when the evidence shows no genuine dispute over a fact that could affect the result and the moving party is entitled to judgment under the law.

The court identified the existence of a passenger loading zone as the key issue. Gastelum relied primarily on his verified statement and a photograph. Blue Diamond submitted declarations from a certified access specialist and the hotel’s general manager, along with photographs. Those materials stated that the area under the hotel’s porte cochere had no signs, markings, or design features identifying it as a passenger loading zone.

The court found no genuine dispute of material fact. It concluded that the uncontroverted evidence showed that the hotel did not provide a passenger loading zone. Because there was no passenger loading zone, Gastelum could not establish an ADA claim based on the absence of a marked access aisle at such a zone and did not have an injury in fact on that theory.

Disposition

The court denied Blue Diamond’s motion to dismiss as to the federal ADA claim, declined supplemental jurisdiction over and dismissed the Unruh Act claim, denied Gastelum’s motion for summary judgment, and granted Blue Diamond’s cross-motion for summary judgment. A separate judgment was entered in favor of Blue Diamond, and the clerk was directed to close the file.