Facts

Travis Morgan and Malina Gomez went to a Wendy's restaurant to buy food and also see if the restaurant was compliant with disability access laws. Morgan was disabled, and on one occasion while he and Gomez were at the same Wendy's location they frequent, Morgan noted there was no access to the entrance for persons with disabilities. Morgan and Gomez sued the restaurant's franchisee and its landlord under the Americans with Disabilities Act.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants were aware of the requirement under the ADA to provide equal access to its establishment to all individuals regardless of their disabilities. Despite this requirement, defendants failed to provide access to patrons with disabilities. Plaintiff contended that it was particularly difficult and uncomfortable attempting to enter defendants' facility. Defendant did not have working or availably ready accommodations for his disabilities.

DEFENDANTS' CONTENTIONS: Defendants denied the contentions and contended the complaint be dismissed for lack of subject matter jurisdiction.

Result

The court determined that it lacked subject matter jurisdiction as defendant asserted and granted defendants' motion to dismiss on those grounds.