Hillesheim v. Myron's Cards and Gifts, Inc., No. 17-1408 (8th Cir. 2018)Annotate this Case
The Eighth Circuit reversed the district court's dismissal of an action alleging that Myron's violated the Americans with Disabilities Act (ADA). The court held that amendment of the complaint would not have been futile where plaintiff's allegations raised a right to relief from the speculative level and was not just labels and conclusions. The court found that the relevant provisions noted that an obstruction of an accessible route violates the readily accessible standard unless the obstruction was isolated or temporary, like those due to maintenance or repairs, restocking shelves, or moving items to a storage room. Furthermore, an obstruction was not isolated or temporary unless it was promptly removed. In this case, plaintiff proposed to amend the complaint to allege that he visited Myron's approximately 15 times over the last four years and that the aisles were obstructed by displays and excess merchandise each of the times he visited.