775 F. Supp. 2d 1374
S.D. Fla.2011Background
- Plaintiff Dorian Kallen, a wheelchair user, sues J.R. Eight, Inc. for ADA violations at Johnny Rockets restaurant.
- Amended complaint alleges 17 ADAAG violations and seeks declaratory, injunctive relief and fees.
- Court held an evidentiary preliminary injunction; found insufficient for injunction relief.
- Defendant asserts barriers were remedied; attached ADA compliance evidence before Amended Complaint.
- Court previously ruled the restaurant in ADA compliance and that some claims are moot or fail to state a claim.
- Final order grants dismissal with prejudice and sanctions, with fee-shifting to plaintiff if applicable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness vs. live controversy for remediated barriers | Kallen's claims remain live until barriers are permanently fixed | Remedied barriers render claims moot | Claims moot as to remedied barriers; no relief remaining |
| Standing to sue based on alleged barriers | Kallen visited restaurant and encountered barriers | Plaintiff failed to prove visitation or cognizable injury | Court lacked standing; moot or fail to state claim even if visited |
| Existence of remaining ADA violations | Eight barriers still exist | Barriers cured; no discriminatory impact | Eight alleged barriers do not constitute ADA violations; facility ADA-compliant |
| Entitlement to attorneys’ fees and costs | Plaintiff entitled to fees as catalyst | Remedial action by defendant negates prevailing-party status | Plaintiff not prevailing; defendant awarded fees; sanctions allowed |
Key Cases Cited
- Access 4 All, Inc. v. Casa Marina Owner, LLC, 458 F.Supp.2d 1359 (S.D. Fla. 2006) (remedial plans moot claims; fee denial for non-prevailing plaintiff)
- Association for Disabled Americans, Inc. v. Key Largo Bay Beach, LLC, 407 F.Supp.2d 1321 (S.D. Fla. 2005) (courts recognize safety and access requirements; remedial measures may moot claims)
- Troiano v. Supervisor of Elections in Palm Beach County, Fla., 382 F.3d 1276 (11th Cir. 2004) (mootness principle; lack of ongoing controversy defeats jurisdiction)
- Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health & Human Resources, 532 U.S. 598 (S. Ct. 2001) (catalyst theory rejected; prevailing party status required for fees)
- Casa Marina Owner, LLC, 458 F.Supp.2d 1359 (S.D. Fla. 2006) (remedial plan shown; claim moot; diligence required; fees denied)