Haynes v. Hooters of America, LLC, No. 17-13170 (11th Cir. 2018)Annotate this Case
The Eleventh Circuit vacated the district court's motion to dismiss a complaint seeking declaratory and injunctive relief pursuant to Title III of the Americans with Disabilities Act, 42 U.S.C. 12181, et seq. The court held that plaintiff's claims were not moot due to the fact that defendant entered into a remediation plan as a result of a settlement between the defendant and a different plaintiff in an almost identical earlier-filed suit. Rather, plaintiff's complaint presented a live case or controversy where there was nothing in the record demonstrating that Hooters has successfully updated the accessibility of its website; some of the relief requested by plaintiff remained outstanding and could be granted by the court; and plaintiff was not a party to the previous settlement. In this case, plaintiff, who is blind and a disabled person within the meaning of the ADA, attempted to read and navigate Hooters' website but was unable to do so because the website was not compatible with Screen Reader Software.