News Brief

Williams and Lintner Achieve Dismissal in ADA Case

September 9, 2021

Denver partner Ryan Williams and associate Andrew Lintner achieved dismissal of a plaintiff’s federal court claims against the firm’s convenience store client and its carrier under Federal Rules of Civil Procedure 12(b)(1) in U.S. District Court, District of Colorado. The plaintiff, a customer in the client's business, brought a small dog into the store with her. In an unknowing/unintentional violation of the ADA, the attendant stated that the dog was not permitted. The plaintiff protested, was removed by police and later filed suit.  Following an unsuccessful effort before a Colorado state regulatory commission, the plaintiff initiated suit in the U.S. District Court, alleging violation of the ADA, the Colorado state analog and imposition of severe emotional distress. Ryan and Andrew moved for dismissal based on the doctrine of mootness. To support this position, they presented evidence to the court of the client’s actions taken in response to the incident, which included employee training and publication of state-supplied materials defining appropriate accommodations to ensure that no similar episodes occurred in the future. The court dismissed the ADA claim, as well as two state-law claims based on the court’s discretionary refusal to exercise supplemental jurisdiction.

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