Hillesheim v. Myron's Cards and Gifts, Inc., No. 17-1408 (8th Cir. 2018)
Annotate this CaseThe 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.
Court Description: Benton, Author, with Kelly and Stras, Circuit Judges] Civil case - Americans with Disabilities Act. The district court erred in determining that the proposed amendment of plaintiff's complaint was futile as the proposed amendment concerning the number of times defendant's aisles were blocked by goods could establish that the blockages were not isolated or temporary interruptions in service or access.
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