Smith v. Bd. of Comm'rs of the La. Stadium
385 F. Supp. 3d 491
E.D. La.2019Background
- Nancy Smith, an amputee wheelchair user, attended a Guns N' Roses concert at the Mercedes‑Benz Superdome on July 31, 2016; she purchased tickets via a secondary vendor that represented the seats were wheelchair‑accessible.
- Upon arrival SMG staff would not allow her to use certain elevators, and she was escorted to ground level via a freight elevator; her assigned seats were conventional (non‑accessible) seats.
- Smith asked staff to remove a folding chair so she could remain in her wheelchair; staff refused, took her wheelchair to a distant storage area behind a barricade, and did not offer to transfer her to an accessible seat.
- SMG's policies reserve/hold back accessible seats and permit exchanges only when a wheelchair user affirmatively says they cannot use a conventional seat; staff training materials and an ADA pamphlet were admitted at trial.
- Smith sued under Title II (against Kyle France in his official capacity / LSED) for injunctive relief, Title III (against SMG) for injunctive relief, and the Louisiana Human Rights Act (against SMG) for damages; bench trial was held and the court found for Smith on ADA claims and LHRA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether LSED/SMG violated Title II/III by failing to allow ticket exchange for accessible seating when seat bought on secondary market | Smith: venue must reasonably modify policies to allow exchange to accessible seat when vacant | SMG: no affirmative duty to offer transfer unless patron expressly requests relocation; policies/training sufficed | Court: Violation — SMG/LSED failed to make required reasonable modifications under 28 C.F.R. §35.138(g)(2) and analogous Title III rule; staff should have offered transfer |
| Whether the concert/program was "readily accessible" under Title II | Smith: being forced out of wheelchair, losing view, and anxiety denied ready access | SMG: provided alternatives, policies, and wheelchair storage options; elevator access issues unclear | Court: Concert not readily accessible to Smith when viewed in entirety; her disability and limits were obvious and she requested accommodation |
| Whether discrimination was "by reason of" disability (knowledge/notice requirement) | Smith: she informed staff and disability was obvious | SMG: (implied) lacked notice or that limitations were not made explicit | Court: Held Smith satisfied third element — disability and limitations were open, obvious, and she requested accommodation |
| Remedies: entitlement to damages, injunctive relief, and attorneys' fees | Smith: seeks $ damages (LHRA), injunctive relief (ADA), and fees | Defendants: sovereign immunity arguments re: some claims; no undue‑burden defense raised | Court: Awards $20,000 compensatory (LHRA); grants injunctive relief under Title II/III (parties to propose consent judgment); awards attorneys' fees and costs; France immune from damages but subject to injunction (Ex parte Young) |
Key Cases Cited
- Kentucky v. Graham, 473 U.S. 159 (official‑capacity suit treated as suit against the entity)
- Olmstead v. L.C. ex rel. Zimring, 527 U.S. 581 (program accessibility and integration principles under ADA)
- Independent Living Resources v. Oregon Arena Corp., 1 F. Supp. 2d 1159 (D. Or. 1998) (venues must permit secondary‑market ticketholders needing accessible seating to exchange when accessible seats are vacant)
- Windham v. Harris Cty., Texas, 875 F.3d 229 (5th Cir.) (knowledge requirement: disability and resulting limitations must be known to provider)
- eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (requirements for permanent injunction)
- Shelton v. Louisiana State, 919 F.3d 325 (5th Cir.) (fee‑shifting under ADA / prevailing party principles)
- Johnson v. Gambrinus Co., 116 F.3d 1052 (5th Cir.) (undue‑hardship/affirmative defense under Title III)