A California resident's lawsuit against a prominent hotel chain has been dismissed as frivolous, resulting in a significant financial penalty for the plaintiff. Orlando Garcia filed a complaint against Zarco Hotels Incorporated in the Superior Court of Los Angeles County on January 4, 2021, alleging violations of the Americans with Disabilities Act (ADA) due to insufficient accessibility information on the hotel's reservation website.
Garcia, who suffers from cerebral palsy and uses mobility aids such as a wheelchair and walker, claimed that Zarco Hotels' website did not provide enough details about accessible features in their rooms and common areas. Specifically, he noted the absence of critical information such as door widths, sink clearance, and accessible features in dining areas. Garcia argued that this lack of detail deterred him from booking a room at the Hollywood Hotel operated by Zarco.
Zarco Hotels responded by filing for summary judgment on July 15, 2022, asserting that their website complied with ADA requirements. They provided printouts demonstrating detailed descriptions of accessible features including room types, bed sizes, bathing facilities, and other amenities designed to assist individuals with disabilities. The company cited guidance from the United States Department of Justice (DOJ), which indicated that general descriptions might suffice for hotels built to ADA standards.
Despite Garcia voluntarily dismissing his case before any opposition was due on October 6, 2022, Zarco pursued attorney’s fees under ADA provisions allowing prevailing defendants to recover costs if the plaintiff's action is deemed frivolous. On November 29, 2022, Zarco filed for these fees citing numerous similar cases dismissed across federal courts where Garcia or his counsel were involved.
Garcia opposed this motion but acknowledged that his case lost merit following a Ninth Circuit decision in Love v. Marriott Hotel Services Inc., which clarified ambiguities in the Reservations Rule under ADA regulations. Despite this acknowledgment, he argued that his initial claims had arguable merit due to previous court interpretations supporting his stance.
The trial court ruled in favor of Zarco on July 10, 2023. Judge Anne Richardson found Garcia’s lawsuit frivolous based on clear DOJ guidelines indicating that detailed descriptions beyond what was provided by Zarco were unnecessary. Consequently, Garcia was ordered to pay $57,604.90 in attorney’s fees and costs to Zarco Hotels.
Representing Garcia were attorneys Russell Handy and Dennis Price from the Center for Disability Access along with Sara Johnson from Seabrock Price. Defending Zarco Hotels were Martin H. Orlick and Stuart K. Tubis from Jeffer Mangels Butler & Mitchell LLP along with Christopher Whang.