Molski v. Arby's Huntington Beach

MEMORANDUM DECISION DISCHARGING ORDER TO SHOW CAUSE REGARDING SUBJECT MATTER JURISDICTION

CARNEY, District Judge.

I. INTRODUCTION

The issue presented by the Court’s Order to Show Cause involves the showing required to establish jurisdiction for a claim under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”). 1 The plaintiff in this case, Jarek Molski, is a wheelchair bound paraplegic who alleges he visited Defendants’ Arby’s Huntington Beach Restaurant (“Arby’s”) in January of 2003. 2 Mr. Molski alleges he was denied full access to and enjoyment of the restaurant due to…