Kennedy v. Floridian Hotel, Inc., No. 20-10648 (11th Cir. 2021)
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Plaintiff appealed the district court's dismissal of her complaint against Floridian, in an action alleging that Floridian violated Title III of the Americans with Disabilities Act (ADA) based on barriers to access she encountered at the hotel property (Count I) and deficiencies in its online reservation system (Count II). The district court dismissed Count II for improper claim splitting, given that plaintiff had made a claim in her first lawsuit about Floridian's online reservation system. The district court subsequently dismissed Count I with prejudice for lack of subject matter jurisdiction, concluding that plaintiff did not have standing to seek injunctive relief.
The Eleventh Circuit affirmed the district court's dismissal of Count I for lack of standing, except to the extent that the district court dismissed the claim with prejudice. In this case, the totality of relevant facts simply do not support the conclusion that plaintiff faced a real and immediate threat of future discrimination at the Hotel. Therefore, the court remanded for the district court to amend its judgment as to Count I. The court affirmed the district court's dismissal of Count II for claim splitting because Count II and Floridian I arise from the same transaction and are based on facts that are sufficiently related in time, space, origin, and motivation.
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