Myers v. Shangri-La Jefferson LLC, 5:24-cv-06154

Plaintiff, Robert Glen Myers, brought an action under the Americans with Disabilities Act (ADA) alleging that Defendant Shangri-La Jefferson LLC's website is inaccessible to blind individuals.
The Defendant operates a dispensary but claimed not to operate or maintain the website in question, disputing liability.
Defendant moved to dismiss under Rules 12(b)(1) (lack of subject matter jurisdiction) and 12(b)(6) (failure to state a claim), supporting its claims with an uncorroborated affidavit from a third party.
Defendant argued that all accessibility issues identified have been remedied, rendering the matter moot because only injunctive relief was sought.
Plaintiff submitted an expert declaration showing that website accessibility issues persist even after Defendant claimed to have fixed them.
The Court considered expert evidence, weighed the persuasiveness of affidavits, and ultimately denied Defendant’s motion to dismiss.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the case is moot and Court lacks subject matter jurisdiction (12(b)(1))	Accessibility barriers persist, relief remains necessary	All issues raised have been fixed, so injunctive relief is unnecessary	Court found issues remain; case not moot
Whether Plaintiff stated a claim for which relief can be granted (12(b)(6))	Defendant controls the website and is liable	Defendant does not operate or control the website	Well-pleaded allegations suffice; motion to dismiss denied

Arbaugh v. Y&H Corp., 546 U.S. 500 (2006) (distinguishes between subject-matter jurisdiction and merits-based dismissals)
Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) (defines the plausibility standard for motions to dismiss)
Ashcroft v. Iqbal, 556 U.S. 662 (2009) (elaborates on plausibility pleading standard)