Logan Dakota Kai Blömqvist, et al. v. Extra Space Storage, Inc., et al.

Summary

The United States District Court for the Northern District of California screened Plaintiffs’ amended complaint concerning access to storage units and related disability-discrimination allegations. The court dismissed the 42 U.S.C. § 1983 claim with leave to amend, found cognizable claims under Title III of the Americans with Disabilities Act and 42 U.S.C. § 12203, and ordered service of the amended complaint. The court denied Plaintiffs’ motion for a preliminary injunction for failure to demonstrate likely success on the merits or irreparable harm.

Holdings

1. Plaintiffs failed to state a § 1983 claim because they did not adequately allege an agreement, meeting of the minds, conspiracy, or joint action between defendants and law enforcement. The claim was dismissed with leave to amend, subject to a final opportunity to cure.
2. Construing the amended complaint liberally, the court found a cognizable Title III ADA claim based on the alleged refusal to accept written advocate authorization coupled with the alleged refusal to engage in the ADA interactive process.
3. The amended complaint stated a cognizable claim under 42 U.S.C. § 12203 because plaintiffs alleged that defendants retaliated within 24 hours after plaintiffs requested reasonable modifications by overlocking the units, cancelling the leases, and restricting access.
4. Plaintiffs were not entitled to a preliminary injunction because they failed to show a likelihood of success on the merits or serious questions going to the merits, and failed to demonstrate likely irreparable harm.

Questions Presented

1. Whether the amended complaint stated a cognizable claim under 42 U.S.C. § 1983 based on alleged cooperation or joint action between private defendants and law enforcement.
2. Whether the amended complaint stated a cognizable Title III ADA claim under 42 U.S.C. § 12181 and related provisions.
3. Whether the amended complaint stated a cognizable ADA retaliation claim under 42 U.S.C. § 12203.
4. Whether plaintiffs were entitled to a preliminary injunction requiring immediate and unrestricted access to their storage units and email-only communications.

Disposition

other