Twede v. Univ. of Wash.

• Decision Date: 13 February 2018
• Docket Number: CASE NO. C16–1761JLR
• Parties: Erik TWEDE, et al., Plaintiffs, v. UNIVERSITY OF WASHINGTON, Defendant.
• Court: U.S. District Court — Western District of Washington

309 F.Supp.3d 886

Erik TWEDE, et al., Plaintiffs,

v.UNIVERSITY OF WASHINGTON, Defendant.

CASE NO. C16–1761JLR

United States District Court, W.D. Washington, at Seattle.

Signed February 13, 2018

Christopher Eric Love, Kevin M. Hastings, Nicholas B. Douglas, Darrell L. Cochran, Pfau Cochran Vertetis Amala PLLC, Tacoma, WA, Conrad Reynoldson, Washington Civil and Disability Advocate, Seattle, WA, for Plaintiffs.

Bernice Johnson Blessing, David R. West, Seth J. Berntsen, Garvey Schubert Barer, Seattle, WA, Nancy M. Cooper, Garvey Schubert Barer, Portland, OR, for Defendant.

ORDER ON MOTION TO DISMISS

JAMES L. ROBART, United States District Judge

I. INTRODUCTION

Before the court is Defendant University of Washington's ("UW") Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) motion to dismiss Plaintiffs Erik Twede, Barry Long, and Olivia Williams's first amended complaint. (See MTD (Dkt. # 32); see also FAC (Dkt. # 30).) The court has considered the motion, Plaintiffs' response (Resp. (Dkt. # 35) ), UW's reply (Reply (Dkt. # 36) ), the relevant portions of the record, and the applicable law. Being fully advised,¹ the court GRANTS in part and DENIES in part the motion.

II. BACKGROUND

On November 14, 2016, Plaintiffs filed their original complaint alleging that 86 of UW's parking lots² violate Title II of the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12131, et seq. , the Rehabilitation Act of 1973 ("RA"), 29 U.S.C. § 794, and the Washington Law Against Discrimination ("WLAD"), RCW ch. 49.60. (Compl. (Dkt. # 1); see also FAC.) Plaintiffs allege that they "are individuals with mobility impairment disabilities." (See id. ¶ 5; see also FAC ¶ 5.) Mr. Twede alleges that he "uses a powerchair and modified van with a ramp for transportation." (Compl. ¶ 8; see also FAC ¶ 10.) Mr. Long and Ms. Williams both allege that they "use[ ] a manual wheelchair for transportation." (Compl. ¶¶ 15, 22; see also FAC ¶¶ 17, 24.) All three Plaintiffs allege they "require[ ] accessible parking and an accessible route to patronize places of public accommodation, such as the parking lots and facilities operated by [UW]." (Compl. ¶¶ 8, 15, 22; see also FAC ¶¶ 19, 17, 24.) In their complaint, Plaintiffs allege that "the vast majority of the parking lots" at UW "are not in compliance with the 1991 ADA standards and 2010 ADA standards." (Compl. ¶ 6; see also FAC ¶ 6.) Plaintiffs' complaint attaches 60 pages of exhibits which allegedly inventory problems with nearly every parking lot, such as the number of accessible and van accessible parking spots, the size and slope of the parking spaces and access aisles, and the presence, absence, or height of parking signage. (Compl. Exs. A–E; see also FAC Exs. A–E.)

On September 21, 2017, Plaintiffs filed a first amended complaint. (See FAC.) Plaintiffs' first amended complaint reiterates the parking lot allegations but adds new allegations that the parking lots and structures contain "accessible routes" to certain unidentified building entrances that "do not comply with 1991 and 2010 ADA standards." (Id. ¶ 6.) The first amended complaint also alleges that the parking lots contain "other forms of ADA non-compliance," including "inaccessible pay kiosks, insufficient/unsafe accessible routes, including ramps, curb ramps, paths of travel, and signage barriers." (Id. ) In addition, the first amended complaint alleges that UW violates the ADA by not ticketing vehicles parked in accessible spots which lack a disabled parking permit, and by issuing disabled parking permits to persons who do not have "state-issued disabled parking placards." (Id. ¶¶ 7–8, 54–55.) Like Plaintiffs' original complaint, the first amended complaint raises claims under Title II of the ADA, the RA, and the WLAD (id. ¶¶ 56–85) and seeks only declaratory and injunctive relief (id. § VII).

Mr. Twede alleges that he regularly travels to UW Medical Center and "encounter[s] a number of barriers to access" at the " ‘Triangle’ (C20 and C21) and ‘Surgery Pavillion’ (UMSP) parking lots," which are located near the UW Medical Center. (Id. ¶¶ 11–14.) He alleges that he has "patronized these parking lots in the past and intends to do so in the future." (Id. ¶ 15.) He does not allege that he has visited or attempted to visit any of the other 86 UW parking lots mentioned in the first amended complaint. (See generally id. ) He asserts, however, that he "has knowledge of ... accessibility barriers at each [UW] campus parking facility alleged in [the first amended] complaint and exhibits which he has either encountered personally or is specifically aware of." (Id. ¶ 16.) Finally, he alleges that "he is and will continue to be dissuaded from using these other UW parking facilities." (Id. )

Ms. Williams claims that she is a sophomore at UW and regularly travels to UW for classes. (Id. ¶ 25.) Similar to Mr. Twede, Ms. Williams alleges that she "has encountered a number of barriers to access" at the "N22" and "W35" parking lots, which are "popular places to park for students attending classes and civic, social, and entertainment events at UW." (Id. ¶¶ 26–28.) She alleges that she has "patronized these parking lots in the past and intends to continue to do so in the future." (Id. ¶ 29.) She does not claim to have visited or attempted to visit any of the other 86 UW parking lots mentioned in the first amended complaint. (See generally id. ) Like Mr. Twede, she asserts that she "has knowledge of ... accessibility barriers at each [UW] campus parking facility alleged in [the first amended] complaint and exhibits which she has either encountered personally or is specifically aware of." (Id. ¶ 16.) Finally, she alleges that "she is and will continue to be dissuaded from using these other UW parking facilities." (Id. )

Mr. Long alleges that he regularly travels to UW for Spinal Cord Injury

Forum meetings, medical appointments, speaking engagements, business meetings, social activities, and sporting events. (Id. ¶ 18.) Mr. Long alleges that he has patronized 32 parking lots at UW³ and intends to do so in the future. (Id. ¶¶ 19, 21.) Unlike the other two Plaintiffs, Mr. Long does not say that he has personally encountered any barriers to access at any of UW's parking facilities. (See id. ¶¶ 17–22.) Instead, he alleges generally that he "has knowledge of ... accessibility barriers at each [UW] parking facility alleged in [the first amended] complaint and exhibits which he has either encountered personally or of which he is specifically aware." (Id. ¶ 22.) Finally, he claims that because of his knowledge he "will continue to be dissuaded from using these other UW parking facilities." (Id. ¶ 22.)

III. ANALYSIS

UW brings a motion to dismiss Plaintiffs' ADA and RA claims on grounds of lack of subject matter jurisdiction and failure to state a claim on which relief can be granted. (See MTD at 1 (citing Fed. R. Civ. P. 12(b)(1) and 12(b)(6) ).) The court now considers Plaintiffs' motion.

A. Legal Standards

1. Article III Standing and Rule 12(b)(1) Motion

UW challenges Plaintiffs' standing under Article III of the Constitution. (MTD at 7–17.) Article III's "case and controversy" requirement obligates federal courts to determine, as an initial matter, whether plaintiffs have standing to bring suit.

Lance v. Coffman , 549 U.S. 437, 439, 127 S.Ct. 1194, 167 L.Ed.2d 29 (2007) ; see also Maya v. Centex Corp. , 658 F.3d 1060, 1068 (9th Cir. 2011) ("The jurisdictional question of standing precedes, and does not require, analysis of the merits.") (citation, alteration, and internal quotation marks omitted). At the pleading stage, to satisfy the standing requirement plaintiffs must allege: (1) that they have suffered an injury in fact that is (a) concrete and particularized, and (b) actual or imminent, not conjectural or hypothetical; (2) that the injury is fairly traceable to the defendant's challenged conduct; and (3) that the injury will likely be redressed by a favorable decision. See, e.g. , Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc. , 528 U.S. 167, 180–81, 120 S.Ct. 693, 145 L.Ed.2d 610 (2000) ; Lujan v. Defs. of Wildlife , 504 U.S. 555, 561–62, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992). The party seeking to invoke federal court jurisdiction has the burden of establishing standing. See Lujan , 504 U.S. at 561, 112 S.Ct. 2130.

Challenges to Article III standing are evaluated under Rule 12(b)(1). Maya , 658 F.3d at 1067. UW brings a Rule 12(b)(1)"facial" challenge to Plaintiffs' allegations. (See MTD at 7.) Where a defendant makes a facial attack on jurisdiction, a court takes the factual allegations of the complaint as true, and construes them in the light most favorable to the plaintiffs. See Maya , 658 F.3d at 1068–69 ; see also Lujan , 504 U.S. at 561, 112 S.Ct. 2130. "This is not to say that plaintiff may rely on a bare legal conclusion to assert injury-in-fact, or engage in an ‘ingenious academic exercise in the conceivable’ to explain how defendants' actions caused his injury." Maya , 658 F.3d at 1068 (internal footnotes omitted) (quoting United States v. Students Challenging Regulatory Agency Procedures (SCRAP) , 412 U.S. 669, 689–90, 93 S.Ct. 2405, 37 L.Ed.2d 254 (1973) ). The Supreme Court, however, cautions courts "to take a broad view of constitutional standing in civil rights cases, especially where, as under the ADA, private enforcement suits ‘are the primary method of obtaining compliance with the Act.’ " Doran v. 7–Eleven, Inc. , 524 F.3d 1034, 1039–40 (9th Cir. 2008) (quoting Trafficante v. Metro. Life Ins. Co. , 409 U.S. 205, 209, 93 S.Ct. 364, 34 L.Ed.2d 415 (1972) ).

2. Rule 12(b)(6) Motion

"A motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted ‘tests the legal sufficiency of a claim.’ " Conservation Force v. Salazar , 646 F.3d 1240, 1241–42 (9th Cir. 2011) (quoting Navarro v. Block , 250 F.3d 729, 732 (9th Cir. 2001) ). When determining whether a claim has been...