Jabari Wright v. RL Liquor
Opinion
From 2013 to 2016, Jabari N. Wright visited the RL Liquor store several times. Wright, paralyzed from the waist down and confined to a wheelchair, encountered barriers at the store: the parking lot had no van-accessible parking spots or signs, the entryway threshold's slope was not ADA-compliant, and the counter's height
*363
was higher than the ADA standard. Wright sued RL Liquor, Ruth L. Dailey, and R2, D2, Inc. (RL Liquor) for violating Title III of the Americans with Disabilities Act (ADA). After receiving the complaint, RL Liquor designated accessible parking and posted signs offering assistance, but did not change the threshold or counter top. After a bench trial, the district court
1
dismissed as moot the claims about the parking-lot barriers. On the remaining claims, the court ruled that Wright failed to meet his burden to prove a readily achievable barrier removal method. Having jurisdiction under
I.
Wright believes the district court erred in dismissing as moot the parking-lot claims. This court reviews de novo whether claims are moot.
Keup v. Hopkins
,
Wright emphasizes that the voluntary cessation of an illegal practice does not make a case moot, citing
Sheely v. MRI Radiology Network, P.A.
,
The voluntary-cessation doctrine does not apply when "defendants' compliance with the ADA ... is far 'more than a mere voluntary cessation of alleged illegal conduct, where we would leave [t]he defendant [s] ... free to return to [their] old ways.' "
Hickman v. State of Mo.
,
II.
Places of public accommodation shall not discriminate against people with disabilities. § 42 U.S.C. 12182(a). Discrimination includes "failure to remove architectural barriers ... in existing facilities ... where such removal is readily achievable." § 12182(b)(2)(A)(iv). Removal is readily achievable if it is "easily accomplishable and able to be carried out without much difficulty or expense." § 12181(9). In determining whether removal is readily achievable, courts consider: (1) nature and cost of the action; (2) overall financial resources of the facility involved; (3) number *364 of persons employed at the facility; (4) effect on expenses and resources; (5) impact of the action on the facility's operation; (6) overall financial resources of the covered entity; (7) overall size of the business of a covered entity in terms of the number of its employees; (8) the number, type, and location of the facilities; (9) type of operation of the covered entity, including composition, structure, and functions of the workforce; and (10) geographic separateness, administrative or fiscal relationship of the facility to the covered entity. § 12181(9)(A)-(D).
The ADA does not state whether the plaintiff or the defendant has the initial burden of production that removal is readily achievable. The district court relied on the Tenth Circuit's framework: "Plaintiff must initially present evidence tending to show that the suggested method of barrier removal is readily achievable under the particular circumstances. If Plaintiff does so, Defendant then bears the ultimate burden of persuasion that barrier removal is not readily achievable under subsection (iv) [of § 12182(b)(2)(A) ]."
Colorado Cross Disability Coal. v. Hermanson Family Ltd.
,
Wright argues that the district court erred by placing the initial burden of production on him instead of RL Liquors. Following the Tenth, Second, and Eleventh Circuits, this court holds that the district court properly required Wright to initially present evidence tending to show that the suggested method of barrier removal was readily achievable under the circumstances.
See
Colorado Cross
,
Wright objects to the amount and specificity of evidence required to meet his initial burden. He, however, failed to offer a plausible proposal for barrier removal.
See
Roberts
,
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The judgment is affirmed.
The Honorable Robert F. Rossiter, Jr., United States District Judge for the District of Nebraska.
After trial, the district court noted that even if Wright met his burden of production, the court would rule for defendants because they proved that any proposed modifications are not readily achievable, specifically that removal of any entry barriers would create a hazard for customers and that the present accommodations enabled Wright to conduct business at the store.
Reference
- Full Case Name
- Jabari WRIGHT, Plaintiff-Appellant v. RL LIQUOR, Defendant-Appellee Ruth L. Dailey; R2, D2, Inc., Also Known as R2D2, Also Known as RL2, Defendants
- Cited By
- 16 cases
- Status
- Published