In Whitaker v. Sharky's Beverly Hills, Inc., No. CV 19-8189-MWF-MAA, 2020 WL 3800419 (C.D. Cal. May 27, 2020), the plaintiff, a quadriplegic, sued the defendant, owner of Sharky's Woodfired Mexican Grill, for violation of the Americans with Disabilities Act (ADA). Specifically, he claimed inaccessible dining surfaces and failure to provide accessible bathrooms. The defendant moved to dismiss the lawsuit, arguing that it is now moot due to the COVID-19 crisis and effective closing of the restaurant, and because the defendant remedied the alleged violations. The court denied the motion on the grounds that the stay-at-home order is not permanent and the defendant failed to identify the changes that it made to the restaurant. The defendant alternatively sought a stay of the matter while the nation deals with the pandemic. The court approved the latter request "as customers are not currently permitted to encounter the alleged barriers at Sharky's" and "it is unclear when customers will be permitted to dine-in again, and considering Sharky's assertion that it has remedied the alleged barriers." The court recommended settlement.
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