Namisnak v. Uber Technologies, Inc., No. 18-15860 (9th Cir. 2020)
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The Ninth Circuit affirmed the district court's order denying in part Uber's motion to compel arbitration of claims brought by plaintiffs under the Americans with Disabilities Act (ADA). Plaintiff alleged that Uber failed to provide a wheelchair-accessible ride-sharing option (uberWAV) in their hometown of New Orleans.
The panel held that plaintiffs plausibly alleged sufficient facts to establish Article III standing where they sufficiently alleged an injury in fact under the "deterrent effect doctrine." The doctrine recognizes that when a plaintiff who is disabled within the meaning of the ADA has actual knowledge of illegal barriers at a public accommodation to which he or she desires access, that plaintiff need not engage in the futile gesture of attempting to gain access in order to show actual injury. In this case, plaintiffs have alleged that they are aware that Uber does not offer uberWAV in New Orleans; that they cannot use the Uber App because of its failure to offer uberWAV; that they plan to use the Uber App if it becomes wheelchair-accessible; and that they presently fear that they will encounter the mobility-related barriers which exist within Uber's Application and services. The panel also held that plaintiffs have plausibly alleged causation and redressability where plaintiffs' alleged injuries would not exist absent Uber's actions, and these injuries cannot be redressed without enjoining Uber to comply with the ADA. Finally, the panel held that equitable estoppel does not apply where plaintiffs' ADA claims are fully viable without any reference to Uber's Terms and Conditions.
Court Description: Arbitration The panel affirmed the district court’s order denying in part the motion of defendant Uber Technologies, Inc., to compel arbitration of claims brought under the Americans with Disabilities Act. Plaintiffs sued Uber for not providing a wheelchair- accessible ride-sharing option, known as “uberWAV,” in their hometown of New Orleans. Two plaintiffs never downloaded the Uber App and therefore did not sign Uber’s arbitration agreement, included in its Terms and Conditions, before filing suit. The panel held that plaintiffs plausibly alleged sufficient facts to establish Article III standing. The panel held that plaintiffs sufficiently alleged injury in fact pursuant to the “deterrent effect doctrine,” which recognizes that when a plaintiff who is disabled has actual knowledge of illegal barriers at a public accommodation to which he or she desires access, the plaintiff need not engage in the “futile gesture” of attempting to gain access. The panel distinguished a Seventh Circuit case in which uberWAV was available to the plaintiff, who therefore lacked standing. The panel held that plaintiffs also plausibly alleged the causation and redressability elements of standing because their alleged injury was directly traceable to Uber’s refusal to offer NAMISNAK V. UBER TECHNOLOGIES 3 uberWAV in New Orleans, and an injunction would redress that injury by requiring Uber to offer access to its services. The panel further held that, under California law, plaintiffs were not equitably estopped from avoiding arbitration because their ADA claims did not rely on Uber’s Terms and Conditions.
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