Irma Ramirez v. Golden Creme Donuts ( 2016 )


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  •                                                                             FILED
    NOT FOR PUBLICATION
    NOV 10 2016
    UNITED STATES COURT OF APPEALS                       MOLLY C. DWYER, CLERK
    U.S. COURT OF APPEALS
    FOR THE NINTH CIRCUIT
    No.   14-17054
    IRMA RAMIREZ; DAREN
    HEATHERLY,                                       D.C. No. 3:12-cv-05656-LB
    Plaintiff - Appellants,
    MEMORANDUM*
    v.
    GOLDEN CRÈME DONUTS; et al.,
    Defendants - Appellees.
    Appeal from the United States District Court
    for the Northern District of California
    Laurel D. Beeler, Magistrate Judge, Presiding
    Submitted October 21, 2016**
    San Francisco, California
    Before: KLEINFELD and M. SMITH, Circuit Judges, and KORMAN,*** District
    Judge.
    *
    This disposition is not appropriate for publication and is not precedent
    except as provided by Ninth Circuit Rule 36-3.
    **
    The panel unanimously concludes this case is suitable for decision
    without oral argument. See Fed. R. App. P. 34(a)(2).
    ***
    The Honorable Edward R. Korman, United States District Judge for
    the Eastern District of New York, sitting by designation.
    Irma Ramirez and Daren Heatherly (the “Appellants”), both of whom are
    disabled, sued Golden Crème Donuts and the owners of the building in which it
    operates (collectively, “Golden Crème Donuts”), alleging several violations of the
    Americans with Disabilities Act (the “ADA”) and California law. After Appellants
    filed suit, Golden Crème Donuts remediated all of the alleged ADA violations in
    the donut shop except for those associated with the public restroom, to which it
    permanently closed off public access. When the parties cross-moved for summary
    judgment, the sole disputed ADA violation pertained to the restroom. The district
    court granted Golden Crème Donuts’s motion concluding that, because the
    restroom was no longer open to the public, it was no longer subject to the dictates
    of the ADA, and thus the case was moot. The district court declined to exercise
    supplemental jurisdiction over Appellants’ state-law claims. On appeal,
    Appellants contend that Golden Crème Donuts’s closure of the restroom did not
    moot their claim for injunctive relief under the ADA, and that, because Golden
    Crème Donuts violated the California Retail Food Code—which, they argue,
    requires Golden Crème Donuts to maintain a public restroom—by closing the
    restroom, it was error for the district court to grant Golden Crème Donuts’s motion
    for summary judgment.
    2
    1. Title III of the ADA only forbids “discrimination on the basis of disability
    in ‘any place of public accommodation,’” which means that an “employees-only
    restroom” not open to the public “is not a place of public accommodation and thus is
    not subject to Title III of the ADA.” Doran v. 7-Eleven, Inc., 
    524 F.3d 1034
    , 1048
    (9th Cir. 2008) (quoting 
    42 U.S.C. § 12182
    (a)). In this case, there is no dispute that
    Golden Crème Donuts has closed the restroom at the donut shop from public access.
    Because “the exclusion of a disabled plaintiff from an employees-only restroom does
    not violate the ADA,” the district court could not enjoin Golden Crème Donuts to
    make the restroom handicap accessible. See Doran, 
    524 F.3d at 1048
    . Appellants no
    longer have a claim for injunctive relief under the ADA. Thus, the case is moot.
    2. Nor does any mootness exception apply. Because there is a permanent wall
    blocking public access to the restroom corridor, it is “absolutely clear that the
    allegedly wrongful behavior could not reasonably be expected to recur,” and thus the
    voluntary cessation mootness exception does not apply. Friends of the Earth, Inc. v.
    Laidlaw Envt’l Servs. (TOC), Inc., 
    528 U.S. 167
    , 189 (2000) (quoting United States
    v. Concentrated Phosphate Exp. Ass’n, 
    393 U.S. 199
    , 203 (1968)). Indeed, even if
    California law required Golden Crème Donuts to provide a public restroom in the
    future, the entity requiring them to open a public restroom would almost certainly
    require that future restroom to comply with the ADA. See Cal. Health & Safety Code
    3
    § 113715 (requiring that “[a]ny construction, alteration, remodeling, or operation of
    a food facility . . . shall be in accordance with all applicable local, state, and federal
    statutes, regulations, and ordinances”).
    Finally, the exception applicable to cases “where the trial court’s order will have
    possible collateral legal consequences” does not apply. Koppers Indus., Inc. v. EPA,
    
    902 F.2d 756
    , 758 (9th Cir. 1990). The consequence of which Appellants complain
    is the closure of the public restroom, but even if the district court ordered Golden
    Crème Donuts to make the restroom handicap accessible, it could not order Golden
    Crème Donuts to open it to the public. Thus, even if that consequence were a legal
    one, which it was not, that consequence did not follow from the district court’s order.
    3. Golden Crème Donuts has moved for judicial notice to be taken of a state-
    court complaint that Appellants filed after the district court granted Golden Crème
    Donuts’s motion for summary judgment on Appellants’ ADA claim and declined to
    exercise supplemental jurisdiction over their remaining state-law claims. Because
    Appellants make no argument that the district court erred by declining to exercise
    supplemental jurisdiction, that issue is not before the panel.
    The motion requesting that judicial notice to be taken is DENIED and the
    decision of the district court is AFFIRMED.
    4
    

Document Info

Docket Number: 14-17054

Judges: Kleinfeld, Smith, Korman

Filed Date: 11/10/2016

Precedential Status: Non-Precedential

Modified Date: 10/19/2024