Nat'l Fed'n of the Blind of Cal. v. Uber Techs., Inc.

103 F.Supp.3d 1073

National Federation of the Blind of California; Michael Kelly; Michael Hingson; Michael Pedersen, Plaintiffs,

v.Uber Technologies, Inc.; Rasier, LLC; Rasier–CA, LLC, Defendants.

Case No. 14–cv–04086 NC

United States District Court, N.D. California.

Signed April 17, 2015

Laurence Wayne Paradis, Julia Zoog Marks, Michael S. Nunez, Disability Rights Advocates, Berkeley, CA, Timothy Ryan Elder, Tre Legal Practice, Fremont, CA, for Plaintiffs.

Andrew Michael Spurchise, Littler Mendelson, Emily Erin O'Connor, San Francisco, CA, for Defendants.

ORDER DENYING MOTION TO DISMISS

Re: Dkt. No. 25

NATHANAEL M. COUSINS, United States Magistrate Judge

The National Federation of the Blind of California and three individuals allege that Uber and its California subsidiaries discriminate against blind persons by refusing to transport guide dogs. Plaintiffs charge that Uber's practices violate the Americans with Disabilities Act, the California Unruh Civil Rights Act, and the California Disabled Persons Act. Defendants move to dismiss the complaint for failure to establish standing and failure to state a claim, and also move for a more definite statement. Specifically, defendants allege that NFBC, Hingson, and Pedersen do not have standing to sue under the ADA or state law claims and that Uber is not a public accommodation under the ADA.

Guided by the policy of encouraging private enforcement of anti-discrimination statutes, the Court finds that plaintiffs have sufficiently alleged both standing and a plausible claim under the ADA and state law. Therefore, the Court DENIES the motion to dismiss on all grounds. Uber must answer the complaint.

I. BACKGROUND

UberX is a widely available transportation service that uses mobile software applications to arrange rides between passengers and Uber's fleet of UberX drivers. First Amended Complaint (“FAC”), Dkt. No. 17, at ¶ 2. To use UberX services, an individual must either (1) create a user account, and provide Uber with his phone number, credit card information, and email address, or (2) travel as the guest of an individual with an Uber user account. FAC ¶ 29. The customer then submits a request on behalf of himself and other passengers through Uber's mobile software application. FAC ¶ 30. Once Uber identifies the vehicle that will provide the customer with transportation, Uber notifies the customer via text message or through its smart phone application. FAC ¶ 30. The notification includes vehicle and driver identification information and an estimated time of arrival. FAC ¶ 30. When the vehicle has arrived, Uber notifies the customer, and the customer and passengers may board the vehicle. FAC ¶ 30. Uber provides several different transportation services in California, and UberX is one of Uber's most cost-effective transportation services. FAC ¶ 29. Those individuals who download Uber's mobile phone application agree to Uber's terms of service, including an agreement to submit all disputes to binding arbitration. Dkt. No. 25 at Exhibit A.

Plaintiff National Federation of the Blind of California (“NFBC”) is a nonprofit association of blind Californians, which aims to achieve integration of the blind into society on a basis of equality with the sighted. FAC ¶ 22. Members of NFBC use UberX on Uber's smart phone application using text-to-speech technology. FAC ¶ 40. Additionally, members of NFBC use UberX as guests of UberX customers, without creating their own Uber account. FAC ¶ 43.

For example, Manveen Chahal is a NFBC member and does not have an Uber account. FAC ¶ 43. On May 21, 2014, Jamey Gump used the Uber mobile app to request an UberX vehicle for himself and Chahal. FAC ¶ 43. Both men had service animals with them. FAC ¶ 43. When the UberX vehicle pulled up to the curb, Gump and Chahal attempted to enter the vehicle and opened a passenger door. FAC ¶ 43. The UberX driver began shouting “no dogs!” and cursed at the men. FAC ¶ 43. The UberX driver left without transporting Gump and Chahal. FAC ¶ 43.

Plaintiff Michael Kelly is blind, uses a guide dog, and is a member of NFBC. FAC ¶ 66. Kelly travels with his girlfriend, Brooklyn Rodden, who is also blind and uses a guide dog. FAC ¶ 66. Rodden has an Uber account that she uses to request UberX vehicles for herself and Kelly. FAC ¶ 66. On September 13, 2014, an UberX driver refused to transport Rodden and Kelly because of their guide dogs. FAC ¶ 66. Both intend to keep using UberX transportation services. FAC ¶ 66.

Plaintiff Michael Hingson is blind, uses a guide dog, and is a member of NFBC. FAC ¶ 67. Hingson does not have an Uber account and has not used UberX. FAC ¶ 67. On October 9–12, 2014, Hingson attended the annual state convention for NFBC in El Segundo, California. FAC ¶ 67. There, Hingson met attendees with service animals who were being denied transportation by UberX to and from the convention hotel. FAC ¶ 67. Hingson was deterred from using UberX on December 5, 2013, because he could not afford to be delayed by an UberX driver refusing to take his guide dog. FAC ¶ 67. Hingson would like to use UberX in the future, but does not believe that UberX is a reliable source of transportation. FAC ¶ 67.

Plaintiff Michael Pedersen is blind and uses a guide dog. FAC ¶ 73. On September 12, 2014, Pedersen's wife used her Uber account to request an UberX for Pedersen. FAC ¶ 73. Pedersen heard the UberX driver pulled up in front of his home, but the driver refused to transport Pedersen's guide dog. FAC ¶ 73. As a result, Pedersen missed his connection to a commuter shuttle and was late for work. FAC ¶ 73. Pedersen would like to keep using UberX without fear that he will be denied service and made late for work or other appointments. FAC ¶ 73.

Defendant Uber Technologies, Inc. is a for-profit transportation network company. FAC ¶ 27. Defendants Rasier LLC and Rasier–CA LLC are wholly-owned subsidiaries of Uber Technologies, Inc. that operate within the state of California. FAC ¶ 28. Defendants (collectively, “Uber”) use smart phone software applications to arrange transportation between passengers and its fleet of drivers. FAC ¶ 27.

Plaintiffs allege that Uber engages in discriminatory practices by permitting UberX drivers to deny access to blind individuals and their guide dogs. Plaintiffs bring claims under (1) Title III of the Americans with Disabilities Act (“ADA”); (2) California Unruh Civil Rights Act (“Unruh Act”); (3) California Disabled Persons Act (“DPA”); and (4) for declaratory relief.

The parties attended a hearing on the motion on March 3, 2015. All parties have consented to this Court's jurisdiction. Dkt. Nos. 6, 22.

II. DISCUSSION

Uber brings a motion to dismiss on a variety of issues, boiling down to questions of (1) NFBC's associational standing to sue on behalf of its members; (2) Plaintiff Hingson's satisfaction of standing under the deterrent effect doctrine; (3) which plaintiffs are entitled to bring a claim under state law theories; (4) Plaintiff Pedersen's standing as to the likelihood of future harm; and (5) whether Uber falls within the scope of the ADA's regulation as a public accommodation. The Court will first address standing challenged under Rule 12(b)(1), then Uber's motion for a more definite statement under Rule 12(e), and finally, the motion to dismiss under Rule 12(b)(6).

A. Standing

A Rule 12(b)(1) motion challenges subject matter jurisdiction, including a plaintiff's standing to sue, and the Court takes the allegations in the complaint as true. Wolfe v. Strankman,392 F.3d 358, 362 (9th Cir.2004). The court must determine whether a lack of federal jurisdiction appears from the face of the complaint itself. Thornhill Publ'g Co. v. General Tel. Elec.,594 F.2d 730, 733 (9th Cir.1979). “A party invoking the federal court's jurisdiction has the burden of proving the actual existence of subject matter jurisdiction.” Thompson v. McCombe,99 F.3d 352, 353 (9th Cir.1996).

“Whether a party has a sufficient stake in an otherwise justiciable controversy to obtain judicial resolution of that controversy is what has traditionally been referred to as the question of standing to sue.” Sierra Club v. Morton,405 U.S. 727, 731–32, 92 S.Ct. 1361, 31 L.Ed.2d 636 (1972). Standing under Article III of the Constitution has three basic elements: (1) an “injury in fact,” which is neither conjectural nor hypothetical; (2) causation, such that a causal connection between the alleged injury and offensive conduct is established; and (3) redressability, or a likelihood that the injury will be redressed by a favorable decision. Lujan v. Defenders of Wildlife,504 U.S. 555, 560–61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992).

“The question whether the litigant is a ‘proper party to request an adjudication of a particular issue,’ is one within the power of Congress to determine.” Sierra Club,405 U.S. at 732 n. 3, 92 S.Ct. 1361 (1972)(citing Flast v. Cohen,392 U.S. 83, 100, 88 S.Ct. 1942, 20 L.Ed.2d 947 (1968)). When private enforcement suits “are the primary method of obtaining compliance” with a civil rights act, such as the ADA, courts must take a “broad view of constitutional standing.” Doran v. 7–Eleven, Inc.,524 F.3d 1034, 1039 (9th Cir.2008)(citing Trafficante v. Metro. Life Ins. Co.,409 U.S. 205, 209, 93 S.Ct. 364, 34 L.Ed.2d 415 (1972)).

1. NFBC's Associational Standing Under the ADA

The test for associational standing is set out in Hunt v. Wash. State Apple Adver. Com'n,432 U.S. 333, 342, 97 S.Ct. 2434, 53 L.Ed.2d 383 (1977): an association has standing when (1) its members would otherwise have standing to sue in their own right; (2) the interest it seeks to protect are germane to the organization's purpose; and (3) neither the claim asserted nor the relief requested requires the participation of individual members in the lawsuit. In Hunt,the Court stated that claims for declaratory and injunctive relief do not require individualized proof, thereby satisfying the third prong. Id.at 344, 97 S.Ct. 2434.

NFBC meets the Hunttest for...