Robinson v. Royal Elk Park Management, Inc.

Background

David Robinson alleged that Royal Elk Park Management, Inc. violated the Americans with Disabilities Act (ADA) and California’s Unruh Act by failing to make Putah Canyon Campground accessible to people with physical disabilities. The alleged barriers included a loose-gravel path to an accessible bathroom and a lack of striped parking. Robinson sought an injunction, damages, and attorney’s fees.

Royal Elk admitted that it managed the campground under a concession contract with the United States Bureau of Reclamation, but it said that it did not own the campground and was contractually prohibited from performing construction or improvement work. The contract described the property as federal land and water areas under the primary jurisdiction of the Bureau of Reclamation. It allowed Royal Elk to perform only improvements that the Bureau determined were necessary and appropriate, and required written Bureau approval for improvements, new signs, and parking-striping plans. Royal Elk was solely responsible for physical maintenance, repairs, housekeeping, groundskeeping, and landscaping.

Motion and Rule 19 analysis

Royal Elk moved to dismiss under Federal Rule of Civil Procedure 12(b)(7), which allows dismissal for failure to join a party required under Rule 19. Rule 19 requires the court to determine first whether an absent party is necessary and, if that party cannot be joined, whether the case should be dismissed because the party is indispensable.

The court held that the federal government was a necessary party because the requested injunction would require the government to approve or carry out improvements at the campground. Although a landlord is not always a necessary party in an accessibility lawsuit against a tenant, the court distinguished that situation because the injunction here would compel the federal government to act.

The court then held that the federal government could not be joined. It stated that the federal government is excluded from the ADA’s coverage and cannot be sued under the Unruh Act. Because the government could not be sued under either statute, it could not be added to the case.

Finally, the court held that the federal government was indispensable. The court reasoned that ordering the government to comply with a statute under which it could not be sued would significantly prejudice the government. The Rule 19 factors therefore required dismissal.

Disposition

The court granted Royal Elk’s motion to dismiss without prejudice to any claims Robinson might have that were not precluded by the order. Robinson was required to file any amended complaint within 28 days and to attach a comparison showing changes from the current complaint. If he did not file an amended complaint, the court stated that it would enter judgment in favor of Royal Elk. The order resolved ECF No. 41.