A former City of Long Beach employee’s case against the City, alledging she was discriminated against because of her allergies and asthma, was dismissed on Tuesday.

Valarie Howe, who was employed as a seasonal part-time clerk in the Registrations and Reservations Office of the city’s Department of Parks, Reservations and Marine, sued the city last year alleging that she was discriminated against because she had allergies and/or asthma, according to a statement from the City Attorney’s office. She argued that this condition was qualified as a disability under California law.

The city filed a summary judgment motion with the court, requesting a pre-trial dismissal. It said Howe was terminated based on poor performance and was not discriminated against. The city said it hired an outside company to conduct an air quality study to accommodate Howe’s health issues.

The court found that Howe failed to show any evidence that the city terminated her because of discrimination.