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Case Name Civil Rights Education and Enforcement Center v. Hospitality Properties Trust DR-CA-0053
Docket / Court 3:15-cv-00221 ( N.D. Cal. )
State/Territory California
Case Type(s) Disability Rights-Pub. Accom.
Attorney Organization Civil Rights Education and Enforcement Center
Case Summary
On January 15, 2015, the Civil Rights Education and Enforcement Center (CREEC), along with three individual plaintiffs, brought this action against Hospitality Properties Trust (HPT), Inc., which operates 35 hotels in the state of California, as well as many hotels elsewhere in the United States ... read more >
On January 15, 2015, the Civil Rights Education and Enforcement Center (CREEC), along with three individual plaintiffs, brought this action against Hospitality Properties Trust (HPT), Inc., which operates 35 hotels in the state of California, as well as many hotels elsewhere in the United States. Plaintiffs alleged that HPT violated the Americans with Disabilities Act (ADA) and California's Unruh Civil Rights Act by failing to provide wheelchair accessible vehicles at its hotels. Plaintiffs requested a permanent injunction requiring HPT to comply with the two aforementioned statutes. The case was assigned to Judge Jon S. Tigar.

The three individual plaintiffs all require wheelchairs for mobility. Each claimed in the complaint that he or she was deterred from staying at HPT's hotels around California by HPT's lack of wheel-chair accessible shuttle services. All three plaintiffs stated that they hoped to stay at HPT's hotels in the future and would do so if they learn that HPT does provide wheelchair-accessible vehicles.

On November 12, 2015, the plaintiffs filed a motion for class certification, in which they defined the class as “Individuals who use wheelchairs or scooters for mobility who, since January 15, 2013, have been, or in the future will be, denied the full and equal enjoyment of transportation services offered to guests at hotels owned and/or operated by Hospitality Properties Trust because of the lack of equivalent accessible transportation services at those hotels.”

On January 13, 2016, the defendant filed a motion to dismiss, claiming that the plaintiffs lacked standing.

On April 15, 2016, Judge Tigar denied plaintiffs' motion for class certificate, finding that the plaintiffs failed to meet commonality, typicality and FRCP §23(b)(2) requirement. 317 F.R.D. 91. On May 6, 2016, the plaintiffs appealed this decision to the Ninth Circuit, and the parties agreed to stay the case until the Ninth Circuit’s decision. The Ninth Circuit granted the plaintiffs petition to hear the appeal on July 27, 2016.

On April 11, 2017, the Ninth Circuit upheld the district court's decision to deny class certification. 867 F.3d 1093. The plaintiffs sought for rehearing from the Ninth Circuit, which was also denied on December 6, 2017.

Back in district court, the parties prepared for the discovery and dispositions. On September 4, 2018, the defendant filed a motion for summary judgment, claiming that there was no dispute of facts and the only issue here was whether the defendant qualified as “a private entity which operates” a fixed route or demand responsive system under ADA. On February 26, 2019, Judge Tigar denied this motion, finding that any private entity that provides a transportation service itself or by a person under a contractual or other arrangement or relationship with the entity was qualified and the defendant could be such an entity. 2019 WL 935134.

As of March 2019, the litigation is still ongoing.

Spencer Klein - 02/23/2015
Chiaki Nojiri - 03/01/2019


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Issues and Causes of Action
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Issues
Defendant-type
Transportation
Disability
Mobility impairment
Discrimination-area
Accommodation / Leave
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to public accommodations - privately owned
Disparate Treatment
Reasonable Accommodations
Transportation
Plaintiff Type
Non-profit NON-religious organization
Private Plaintiff
Type of Facility
Non-government for profit
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Defendant(s) Hospitality Properties Trust
Plaintiff Description Civil Rights Education and Enforcement Center is an organization that, among other things, works to ensure that persons with disabilities participate in our nation's civic life without discrimination. The three individual plaintiffs are CREEC members who require wheelchair accessible vehicles. The proposed class consists of individuals who use wheelchairs or scooters for mobility who have been, or will be, denied full equal enjoyment of defendant's hotels.
Indexed Lawyer Organizations Civil Rights Education and Enforcement Center
Class action status sought Yes
Class action status granted No
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2015
Case Ongoing Yes
Case Listing DR-CA-0054 : Civil Rights Education and Enforcement Center v. Ashford Hospitality Trust (N.D. Cal.)
DR-CA-0052 : Civil Rights Education and Enforcement Center v. RLJ Lodging Trust (N.D. Cal.)
DR-CO-0023 : Civil Rights Education and Enforcement Center v. Sage Hospitality Resources LLC (D. Colo.)
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Docket(s)
4:15-cv-00216 (N.D. Cal.)
DR-CA-0053-9000.pdf | Detail
Date: 05/25/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint For Declaratory And Injunctive Relief [ECF# 1]
DR-CA-0053-0001.pdf | Detail
Date: 01/15/2015
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' First Amended Class Action Complaint for Declaratory and Injunctive Relief [ECF# 38]
DR-CA-0053-0002.pdf | Detail
Date: 08/03/2015
Source: PACER [Public Access to Court Electronic Records]
Order Denying Motion for Class Certification [ECF# 88] (317 F.R.D. 91) (N.D. Cal.)
DR-CA-0053-0003.pdf | WESTLAW| LEXIS | Detail
Date: 04/15/2016
Source: PACER [Public Access to Court Electronic Records]
Opinion [Ct. of App. ECF# 52] (867 F.3d 1093)
DR-CA-0053-0004.pdf | WESTLAW| LEXIS | Detail
Date: 08/09/2017
Source: PACER [Public Access to Court Electronic Records]
Opinion [Ct. of App. ECF# 107]
DR-CA-0053-0005.pdf | Detail
Date: 08/11/2017
Source: PACER [Public Access to Court Electronic Records]
Order Denying Defendant's Motion for Summary Judgment [ECF# 142] (2019 WL 935134) (N.D. Cal.)
DR-CA-0053-0006.pdf | WESTLAW | Detail
Date: 02/26/2019
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Kleinfeld, Andrew Jay (Ninth Circuit, D. Alaska) show/hide docs
DR-CA-0053-0005
Morris, Brian Matthew (D. Mont.) show/hide docs
DR-CA-0053-0005
Tigar, Jon Steven (State Trial Court, N.D. Cal.) show/hide docs
DR-CA-0053-0003 | DR-CA-0053-0005 | DR-CA-0053-0006 | DR-CA-0053-9000
Wardlaw, Kim McLane (Ninth Circuit, C.D. Cal.) show/hide docs
DR-CA-0053-0005
Plaintiff's Lawyers Benham-Baker, Hillary Jo (California) show/hide docs
DR-CA-0053-0001 | DR-CA-0053-0002 | DR-CA-0053-9000
Campins, Julia (California) show/hide docs
DR-CA-0053-0001 | DR-CA-0053-0002 | DR-CA-0053-9000
Dardarian, Linda M. (California) show/hide docs
DR-CA-0053-9000
Davidson, Joshua (California) show/hide docs
DR-CA-0053-0001 | DR-CA-0053-0002 | DR-CA-0053-9000
Fox, Timothy Patrick (Colorado) show/hide docs
DR-CA-0053-0001 | DR-CA-0053-0002 | DR-CA-0053-9000
Lam, Linda Pham (California) show/hide docs
DR-CA-0053-0002 | DR-CA-0053-9000
Lee, Andrew Paul (California) show/hide docs
DR-CA-0053-9000
Lee, Bill Lann (California) show/hide docs
DR-CA-0053-0001 | DR-CA-0053-0002 | DR-CA-0053-9000
Morris, Sarah (Colorado) show/hide docs
DR-CA-0053-0001 | DR-CA-0053-0002 | DR-CA-0053-9000
Wilensky, Julie H. (California) show/hide docs
DR-CA-0053-0001 | DR-CA-0053-0002 | DR-CA-0053-9000
Williams, Kevin William (Colorado) show/hide docs
DR-CA-0053-0001 | DR-CA-0053-0002 | DR-CA-0053-9000
Defendant's Lawyers Friday, Ki'Jhana R. (California) show/hide docs
DR-CA-0053-9000
Raizman, David H. (California) show/hide docs
DR-CA-0053-9000
Wong, Christopher Frank (California) show/hide docs
DR-CA-0053-9000

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