31 December 2020
A number of recent cases have been dismissed by federal courts citing a lack of standing under Article III of the Constitution, proving that ADA lawsuits can be successfully defended. Martin Orlick, Chair of JMBM’s ADA Compliance & Defense Group, summarizes one such case below.
The Court Dismisses ADA Lawsuit for Lack of Standing Proving Once Again These Cases Can Be Won
Anthony Bouyer v. LAXMI Hospitality, LLC
Martin Orlick, Chair, JMBM’s ADA Compliance & Defense Group
It’s important to remember federal courts are courts of limited jurisdiction. That limited jurisdiction derives from Article III of the U.S. Constitution. To establish standing under Article III, an ADA plaintiff must show actual or imminent injury. Injunctive Relief to remove access barriers is the only relief available to an individual ADA plaintiff in Federal Court.
In August, 2020, the plaintiff in Anthony Bouyer v. LAXMI Hospitality, LLC filed an action alleging the defendant’s hotel in Woodland Hills, California violated the Americans with Disabilities Act (ADA). According to the Complaint, the plaintiff is substantially limited in performing regular life activities and uses a wheelchair when traveling in public. The Complaint alleges that the plaintiff visited the hotel where he encountered ADA violations. The hotel had no record of the plaintiff’s alleged visit. The plaintiff’s Complaint sought injunctive relief requiring the defendant to make the hotel accessible.
The plaintiff served the Complaint on a hotel clerk. Due to a variety of COVID-19 related factors, the defendant failed to respond to the Complaint. The Court Clerk entered the defendant’s default and the plaintiff filed a Motion for Default Judgment. Despite being served with notice of the Motion for Default Judgment, the defendant sought our representation just before its opposition to the Motion was due. CONTINUE READING →