817 F. Supp. 2d 1152
N.D. Cal.2011Background
- Griffin is a quadriplegic who uses a manual wheelchair; Cedar Fair operates California's Great America in Santa Clara, CA.
- Griffin visited the park on July 4, 2009 with fiancé and friends and attempted to use public restrooms but could not fit in stalls.
- Griffin alleges park-wide barriers—restrooms, counters, paths, signage, parking, and other features—violating the ADA and California law.
- Griffin seeks injunctive relief, damages, and treble damages for alleged inaccessibility.
- Cedar Fair moved for a more definite statement under Rule 12(e); the court denied the motion after considering briefing and argument.
- The court also addressed administrative relief and allowed an on-site inspection during park operations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge unencountered barriers | Griffin has injury-in-fact from encountered barrier and may sue related barriers. | Standing limited to encountered barriers; no proof of unencountered barriers. | Griffin has standing to challenge encountered and related unencountered barriers. |
| Rule 12(e) definiteness of pleading | Complaint is sufficiently definite; discovery will clarify specifics. | Complaint is vague; needs specific areas and barriers. | 12(e) motion denied; details obtainable via discovery. |
| Rule 8 notice adequacy | Notice is adequate; liberal Rule 8 standard applies. | Plaintiff lacks fair notice of locations and barriers. | Rule 8 notice is sufficient; discovery will provide specificity. |
| Administrative relief and site inspection timing | Inspection needed promptly to preserve conditions; park should remain open. | Inspection should be postponed until after park closure for minimal disruption. | Inspection permitted promptly; denial of administrative relief. |
Key Cases Cited
- Chapman v. Pier 1 Imports (U.S.), 631 F.3d 939 (9th Cir. 2011) (standing extends to barriers related to disability)
- Oliver v. Ralphs Grocery Co., 654 F.3d 903 (9th Cir. 2011) (standing for unencountered barriers; Rule 8 limitations discussed)
- Doran v. 7-Eleven, Inc., 524 F.3d 1034 (9th Cir. 2008) (discovery to identify additional barriers when standing exists)