fact exist regarding the reason for Plaintiffs failure to meet the NCAA’s eligibility requirements and thus whether the NCAA discriminated against him based on his learning disability. Furthermore, and most important to the outcome of the case, the Court finds that Plaintiffs ADA claim has become moot in light of the fact that he will complete his fourth and final year of eligibility with the conclusion of the current football season. The Court also finds that Plaintiffs § 1983 claim "public accommodation” also applies to services, privileges, and other intangibles independent of a physical place. See, e.g., Tompkins v. United Healthcare of N.E., Inc., 203 F.3d 90, 95 n. 4 (1st Cir.2000); Carparts Distrib. Ctr., Inc., v. Auto. Wholesaler's Assn, Inc., 37 F.3d 12, 18-20 (1st Cir.1994) (<HOLDING>). 3 . See, e.g., Chabner v. United of Omaha
holding individual defendants are not an employer within meaning of title vii holding that the disabled individual bears the initial burden of proposing an accommodation and showing that that accommodation is objectively reasonable and that the defendant was entitled to prevail because the plaintiffs proposed accommodation of remaining on unpaid medical leave until another customer service or receptionist position opened up was not a reasonable accommodation under the ada holding that insurance company administering employerprovided disability plan was not place of public accommodation under ada because employees received their benefits through employment not through a public accommodation holding that public accommodation within meaning of title iii of ada includes more than actual physical structures holding that ada claim under title iii did not survive plaintiffs death