Hillesheim v. O.J.'s Cafe, Inc., No. 19-2508 (8th Cir. 2020)
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Plaintiff filed suit against O.J.'s Cafe under the Americans with Disabilities Act (ADA), alleging that the slopes in the restaurant's parking lot deprived him of full and equal enjoyment of the facility. The restaurant made improvements to the lot and then the district court dismissed plaintiff's claims as moot.
The Eighth Circuit affirmed, holding that the district court correctly determined that there was no ongoing injury sufficient to establish Article III standing. In this case, the district court found that any excess slopes in the parking lot were located in areas that would not interfere with plaintiff's access to the restaurant and this finding is supported by the record.
Court Description: [Per Curiam - Before Colloton and Benton, Circuit Judges, and Williams, District Judge] Civil case - Americans with Disabilities Act. Any access issues remaining after defendant took remedial action did not present an architectural barrier which would prevent plaintiff from accessing defendant's business, and the district court correctly dismissed the case as moot after determining that there was no ongoing injury sufficient to establish Article III standing.
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