Wright v. RL Liquor, No. 17-1133 (8th Cir. 2018)
Annotate this CasePlaintiff, who was paralyzed from the waist down and used a wheelchair, filed suit against RL Liquor for violating Title III of the Americans with Disabilities Act (ADA), after he encountered barriers at the store. The Eighth Circuit affirmed the district court's dismissal of the action as moot, holding that plaintiff failed to meet his burden to prove a readily achievable barrier removal method. Following the Tenth, Second, and Eleventh Circuits, the court held that the district court properly required plaintiff to initially present evidence tending to show that the suggested method of barrier removal was readily achievable under the circumstances. In this case, plaintiff failed to offer a plausible proposal for barrier removal.
Court Description: Benton, Author, with Shepherd and Kelly, Circuit Judges] Civil case - Americans with Disabilities Act. In action alleging defendant's parking lot was not ADA-compliant, defendant's remedial actions made the matter moot; with respect to plaintiff's allegations concerning the stores threshold slope and counter, the district court did not err in ruling plaintiff had failed to meet his burden to prove a readily achievable barrier removal method; held, the burden is on plaintiff to initially present evidence tending to show that the suggested method of barrier removal was readily achievable under the circumstances.
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