Brooke v. Peterson

185 F. Supp. 3d 1203, 2016 WL 2851440
CourtDistrict Court, C.D. California
DecidedMay 13, 2016
DocketCase Nos. SACV 16-0435 AG (DFMx), SACV 16-0618 AG (DFMx), SACV 16-0665 AG (KESx), SACV 16-0738 AG (AGRx)
StatusPublished
Cited by5 cases

This text of 185 F. Supp. 3d 1203 (Brooke v. Peterson) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brooke v. Peterson, 185 F. Supp. 3d 1203, 2016 WL 2851440 (C.D. Cal. 2016).

Opinion

Proceedings: [IN CHAMBERS] ORDER DISMISSING CASES FOR LACK OF JURISDICTION

ANDREW J. GUILFORD, District Judge

1. Initial Impressions

Plaintiff Theresa Brooke has filed several cases in this district — over ninety by the Court’s last count — alleging that hotels in the Orange County area are violating the Americans with Disabilities Act (“ADA”) by not having pool lifts in their pools or Jacuzzi tubs. Some of those cases, captioned above, were assigned to this Court. Congress passed the ADA “to provide clear, strong, consistent, enforceable standards addressing discrimination against individuals with disabilities.” 42 U.S.C. § 12101(b)(2). “Its passage was premised on Congress’s finding that discrimination against the disabled is ‘most often the product, not of invidious animus, but rather of thoughtlessness and indifference,’ of ‘benign neglect,’ and of ‘apathetic attitudes rather than affirmative animus.’ ” Chapman v. Pier 1 Imports (U.S.) Inc., 631 F.3d 939, 944 (9th Cir. 2011) (quoting Alexander v. Choate, 469 U.S. 287, 295-96, 105 S.Ct. 712, 83 L.Ed.2d 661 (1985)). This Court is not apathetic to ADA cases. Indeed, as a matter of course, it holds early scheduling conferences in ADA cases to reduce plaintiffs’ costs in prosecuting cases that promise only injunctive relief and small statutory awards. But setting aside the Court’s view of the ADA, the ADA reflects Congress’s policy decision and the Court must faithfully uphold the laws of the United States.

The Court must also uphold Article III of the U.S. Constitution, which extends judicial power only to “cases” or “controversies.” The Supreme Court has interpreted Article III to limit judicial power to cases where a plaintiff has “standing,” or an injury-in-fact that is caused by the defendant and can be redressed by a favorable ruling. See Lujan v. Defs. of Wildlife, 504 U.S. 555, 560, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). Such limitations on judicial power are important safeguards in a democracy founded on a balance of power. Ensuring that a court doesn’t upset that balance of power is also important to [1205]*1205ensure the legitimacy of its decisions. Indeed, limitations on judicial power are so important that “whether or not the parties raise the issue, federal courts are required sua sponte to examine jurisdictional issues such as standing.” D’Lil v. Best W. Encina Lodge & Suites, 538 F.3d 1031, 1035 (9th Cir. 2008) (citations and quotation marks omitted). “This self-enforced check is crucial in a nation governed by the rule of law. So courts take this sacred duty seriously and guard their limited jurisdiction jealously.” Abramson v. Marriott Ownership Resorts, Inc., _ F.Supp.3d _, _, 2016 WL 105889, at *1 (C.D. Cal. Jan. 4,2016) (citation omitted).

With those obligations in mind, the Court analyzes Plaintiffs allegations.

2.Analyzing the Allegations

Each of Plaintiffs complaints raise almost identical allegations that go as follows. Plaintiff is a disabled person who lives in Arizona. Plaintiff calls a hotel in California and asks whether- it has a pool lift or other means of access to the hotel’s pool or Jacuzzi tub. A hotel representative says no. Plaintiffs agent, who is allegedly an expert in ADA accessibility guidelines, then visits the hotel and verifies that the hotel doesn’t have a pool lift. Plaintiff alleges that she intends to return to Orange County on an unspecified date “for business, pleasure or medical treatment” but that she is deterred from staying at the hotel because it doesn’t have a pool lift. Plaintiff or an agent intend to “return” to the hotel to see if it still violates the ADA. But for the access barriers, Plaintiff would allegedly stay at the hotel in the “near future.” Plaintiff seeks injunctive relief under the ADA, and declaratory relief, statutory damages, costs, and attorney fees under California’s Unruh Civil Rights Act and California’s Disabled Persons Act. Plaintiff never alleges or otherwise asserts that she has visited the hotels.

3. Assessing the Absent Assertion

That absent assertion about visiting the hotels stood out to the Court, which typically handles multiple ADA cases each week, usually filed by the same plaintiffs who have committed themselves to making the world a more accessible place for persons with disabilities. In those cases, the plaintiffs invariably allege that they have encountered at least one barrier when visiting the place they are suing.

So without the allegation that Plaintiff had visited the hotels, or even personally encountered barriers there, the Court was concerned that Plaintiff lacked standing to bring her cases. The Court therefore issued Orders to Show Cause (“OSC’s”) as to why the cases should not be dismissed for lack of jurisdiction. In its OSC’s, the Court stated that it was particularly attuned to the issue of standing because of a recent decision involving the same Plaintiff and same lawyer that questioned Plaintiffs standing. See Brooke v. Kalthia Group Hotels, No. 15-CV-1873-GPC (KSC), 2015 WL 7302736 (S.D. Cal. Nov. 11, 2015).

4. Reviewing the Responses

After reviewing Plaintiffs responses to the OSC’s, the Court was left with more questions than answers. For example, Plaintiff argued that under the Ninth Circuit’s decision in Pickern v. Holiday Foods, 293 F.3d 1133, 1135 (9th Cir.2002), Plaintiff could have standing without ever visiting the hotels because her expert agent gave her actual knowledge about the hotels’ barriers. As described later in this Order, the Court questioned that interpretation of Pickem.

As another example, Plaintiff cited two Ninth Circuit cases for the proposition that the Court should “refrain from resolving” the question of Plaintiffs intent to return, which Plaintiff argued was “inextricably intertwined” with the hotels’ liability [1206]*1206under the ADA. (Response to OSC’s (citing Augustine v. United States, 704 F.2d 1074 (9th Cir. 1983), and Thornhill Publ’g Co. v. Gen. Tel. & Elec. Corp., 594 F.2d 730 (9th Cir. 1979)).) The Court questioned Plaintiffs interpretation of those cases as well, especially in light of the Ninth Circuit’s more recent decision holding that a district court has the “power and duty to raise the adequately of [an ADA plaintiffs] standing sua sponte.” D’Lil, 538 F.3d at 1035.

As a final example, Plaintiff requested that the Court hold evidentiary hearings to determine Plaintiffs legitimate intent to return to the hotels. The Court took this suggestion seriously and wondered how it would schedule such evidentiary hearings, how the hearings would be structured, whether defense counsel or the Court would question Plaintiff, and so on. Hoping to receive answers to those questions, among others, the Court scheduled a hearing.

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Bluebook (online)
185 F. Supp. 3d 1203, 2016 WL 2851440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooke-v-peterson-cacd-2016.