Organization for the Advancement of Minorities With Disabilities Suing on Behalf of Its Members v. Brick Oven Restaurant

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

[Doc. No. 5.]

GONZALEZ, Chief Judge.

Presently before the Court is the motion of defendants Barney Scardino and Mary Scardino (collectively “defendants”) to dismiss the complaint for lack of subject matter jurisdiction. 1 For the following rea sons, the Court grants in part and denies in part defendants’ motion.

BACKGROUND

A. Factual Background

Plaintiff David Singletary uses a wheelchair for mobility because he is a paraplegic and unable to walk. (David Singletary Declaration ISO Opp. ¶ 3.) Defendants, through the Barney L. &…