In a rare and decisive action, a Central District Court Judge dismissed an Americans with Disabilities Act (ADA) lawsuit filed by an Arizona disabled plaintiff who has recently filed a wave of over 70 ADA lawsuits against Southern California hotels.
The plaintiff, who claims she is confined to a wheelchair, called an Orange County hotel to book a room. She asked the hotel representative whether the hotel pool and Jacuzzi had a pool lift or other means of access for disabled persons. The hotel employee allegedly reported that the hotel had no pool lifts. Thereafter, allegedly, plaintiff’s “agent,” and ADA investigator, visited the hotel, verified that there were no pool lifts, and notified the plaintiff of other ADA violations. The plaintiff claimed that she regularly frequents the area where the hotel is located and plans to do so in the future. If there was a pool lift, plaintiff claims, she would stay at the hotel in the future.
The plaintiff, Theresa Brooke, has filed over 70 ADA lawsuits against Southern California hotels in the past 6 weeks, “every single one of which” in boilerplate fashion alleges ADA violations based on inaccessible hotel pools and spas. In dismissing the lawsuit, the Judge noted that the “deluge [of ADA lawsuits] is ongoing, noting plaintiff, it appears, would like to stay at every Orange County hotel that presently has an inaccessible Jacuzzi.”