Smith v. Golden China of Red Wing, Inc., No. 19-3518 (8th Cir. 2021)Annotate this Case
The Eighth Circuit vacated the district court's grant of summary judgment in favor of Golden China on plaintiff's Americans with Disabilities Act (ADA) claim. The court dismissed the complaint without prejudice based on lack of subject matter jurisdiction, concluding that plaintiff failed to demonstrate that he has Article III standing to bring his ADA claim. In this case, plaintiff unequivocally acknowledged in his deposition that his intent in visiting Red Wing was not to patronize Golden China but rather to test various establishments for ADA violations. He had never been to Golden China and his amorphous level of intention to return to the restaurant is, at most, aspirational, which is insufficient to establish an injury in fact. Even if the court were to accept plaintiff's post hoc attempt to establish an injury in fact, the court would still find that his declaration asserts nothing more than an uncertain intention to some day return to Golden China.