United States District Court, E.D. Michigan, Southern Division
ORDER GRANTING DEFENDANT'S MOTION TO DISMISS
PLAINTIFF'S FIRST AMENDED COMPLAINT [ECF No. 10]
Victoria A. Roberts United States District Judge
Pizza Kitchen (“CPK”) filed a Motion to Dismiss
Plaintiff's First Amended Complaint. Argument on the
motions was heard on May 8, 2019.
Cohan (“Cohan”), a Florida resident, visited
Michigan in March 2018 and dined at CPK in Novi. Cohan says
CPK denied him full and equal access to, and enjoyment of,
its services because of: (1) barriers throughout the
restaurant premises, and (2) CPK's failure to make
reasonable accommodations for his disability.
Court GRANTS Defendant's motion to
claims he is an individual with numerous disabilities that
cause him to suffer from a qualified disability under
subtitle A of Title III of the Americans with Disabilities
Act of 1990 (“ADA”). 42 U.S.C. 12181-12189.
See also 28 C.F.R. § 36.104. Cohan says he
encountered architectural barriers in CPK's restroom and
seating area on March 20.
moves to dismiss Cohan's First Amended Complaint for lack
of subject matter jurisdiction. CPK says Cohan's First
Amended Complaint not only relies on conclusory allegations,
but it also fails to allege sufficient facts demonstrating
that Cohan suffered concrete, particularized, or actual
injury caused by Defendant's conduct.
also states the First Amended Complaint does not allege
sufficient facts demonstrating Plaintiff's intent to
return to Defendant's premises to support standing.
Defendant says the case is moot because it successfully
remedied the alleged barriers.
response to Defendant's motion to dismiss, Cohan alleges:
is not homebound.
condition is getting worse, resulting in more frequent use of
various mobility aids.
Architectural barriers at CPK would make it unsafe
for him to use the restroom with a mobility aid.
only needs to allege that he suffered an injury traceable to
While he does not always use a wheelchair, his condition has
worsened so that it requires occasional use of mobility aids.
barriers at CPK affect his disability directly due to his
limitations on motion and mobility.
injury is particularized because he personally and
individually suffered discrimination.
personally encountered barriers.
all mobility-related disabilities require the ...