Kreisler v. Second Avenue Diner Corp., 731 F.3d 184

Background

Plaintiff Todd Kreisler uses a motorized wheelchair, lives several blocks from the Second Avenue Diner, and says the Diner’s 7–8 inch front step deterred him from attempting entry. He has never tried to enter.
Before suit, the Diner had a small wooden portable ramp used informally; after suit defendants provided a lightweight aluminum ramp (no handrails), a buzzer, and a removable paper sign directing patrons to ring the bell.
The sidewalk could accommodate an ADA-compliant permanent ramp; experts estimated retrofit costs between about $3,000–12,000.
Interior barriers included a noncompliant vestibule requiring removal of a booth (costs estimated $5,000–10,000 and loss of seats/sales) and an inaccessible men’s restroom.
Kreisler sued under the ADA, NYSHRL, and NYCHRL seeking injunctive relief to remove barriers, compensatory damages, and attorneys’ fees. The district court granted injunctive relief, damages, and fees; defendants appealed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Standing to challenge inaccessible entrance	Kreisler was deterred by the step and lives nearby; deterrence is an injury that supports standing	Mere observation of a barrier without attempting entry does not confer standing	Court held deterrence constitutes a concrete injury; Kreisler has standing to challenge the entrance
Standing to challenge interior ADA violations he did not personally encounter	Once standing is established for one barrier, Kreisler may seek removal of other barriers on the premises that affect his disability	Standing should be limited to barriers actually encountered; plaintiff must attempt entry or patronage	Court held plaintiff may challenge all on‑premises barriers related to his disability once he shows standing for one barrier
Readily achievable standard for ramp construction	Kreisler proposed a permanent ramp with costs plausibly not exceeding benefits	Defendants argued a permanent ramp was not readily achievable and costs were high	Court applied burden‑shift rule; plaintiff met initial showing and defendants failed to prove infeasibility; district court properly found ramp readily achievable
Scope of relief: signage and attorneys’ fees awards	Kreisler sought remedial orders including signage and fees under state/local law	Defendants argued district court lacked authority to mandate signage and erred in awarding fees only to Kreisler	Court rejected defendants’ challenges and affirmed the district court’s remedies and fee award

Key Cases Cited

Field Day, LLC v. County of Suffolk, 463 F.3d 167 (2d Cir. 2006) (standing elements and analysis in ADA/context of injunctive relief)
Lujan v. Defenders of Wildlife, 504 U.S. 555 (U.S. 1992) (constitutional standing framework)
Camarillo v. Carrols Corp., 518 F.3d 153 (2d Cir. 2008) (factors supporting ADA standing based on past injury, proximity, and intent to return)
Pickern v. Holiday Quality Foods, Inc., 293 F.3d 1133 (9th Cir. 2002) (deterrence by barrier is an injury supporting standing)
Chapman v. Pier 1 Imports (U.S.) Inc., 631 F.3d 939 (9th Cir. 2011) (once standing for one barrier is shown, plaintiff may challenge other on‑premises barriers affecting same disability)
Steger v. Franco, Inc., 228 F.3d 889 (8th Cir. 2000) (similar multi‑barrier standing rule)
Roberts v. Royal Atlantic Corp., 542 F.3d 363 (2d Cir. 2008) (burden‑shifting test for readily achievable barrier removal proposals)
Shain v. Ellison, 356 F.3d 211 (2d Cir. 2004) (requirement that injunctive‑relief plaintiffs show real and immediate threat of repeated injury)
Fulton v. Goord, 591 F.3d 37 (2d Cir. 2009) (ADA’s broad remedial purpose and liberal standing approach)
Doran v. 7‑Eleven, Inc., 524 F.3d 1034 (9th Cir. 2008) (discussion of ADA’s remedial goals and problems with piecemeal compliance)
PGA Tour, Inc. v. Martin, 532 U.S. 661 (U.S. 2001) (ADA’s integration and nondiscrimination principles referenced in remedial context)