Facts

Michael McCune filed a civil rights lawsuit against Gold Country Foods Inc, doing business as Taco Bell #19279, and Molai Properties LLC.

PLAINTIFF'S CONTENTIONS:
Plaintiff is a C5-C6 quadriplegic and used an electronic wheelchair. Plaintiff alleged that he encountered numerous barriers when he visited defendants' Taco Bell restaurant, including a parking space that was not level, and did not have an access aisle on the passenger side. Plaintiff further alleged that the restroom had a disposable seat cover dispenser that was too high to reach and use, a back grab bar that did not extend far enough, and a toilet tissue dispenser that was placed in a location that made it difficult to reach and use.

DEFENDANT'S CONTENTIONS:
Defendants argued that plaintiff could not show that any violation of the Americans with Disabilities Act existed at the time the complaint was filed because the barriers alleged by plaintiff either did not exist or were remediated.

Result

The court granted defendant's motion for summary judgment as to plaintiff's ADA claim, finding that plaintiff lacked Article III standing to bring the alleged toilet roll dispenser barrier claims. The court further held the other barrier claims were moot. The court also denied plaintiff's motion for partial summary judgment. The court dismissed plaintiff's state law claims without prejudice.

Other Information

FILING DATE: June 24, 2013.