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Beierle v. Taco Treat of Great Falls, Inc.

United States District Court, D. Montana, Missoula Division

October 16, 2019

CHAD BEIERLE, Plaintiff,
v.
TACO TREAT OF GREAT FALLS, INC. d/b/a TACO TREAT, Defendant.

          OPINION AND ORDER

          DONALD W. MOLLOY, DISTRICT JUDGE.

         In August 2019, Plaintiff Chad Beierle filed seven nearly identical lawsuits against Missoula businesses alleging violations of Title III of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. §§ 12101, et seq.[1] Defendant Taco Treat of Great Falls, Inc. seeks to dismiss the present case on the grounds that Beierle fails to allege injury-in-fact sufficient to confer standing under Article III. (Doc. 8.) "Specifically, [Beierle] fails to specify what barriers he allegedly encountered at Taco Treat and how his disability was affected by these barriers in such a way as to preclude his full and equal access to the premises." (Doc. 9 at 2.) Beierle was given an extension of time to respond to Taco Treat's motion, (see Doc. 11), but failed to do so.[2] Taco Treat's motion is granted on the merits.

         Background

         For the purposes of the present motion, the factual allegations in Beierle's complaint are accepted as true. Maya v. Centex Corp., 658 F.3d 1060, 1068 (9th Cir. 2011). Beierle has primary lateral sclerosis with neuromuscular disorder, which is "a rare, neuromuscular disorder that affects the central motor neurons and is characterized by painless but progressive weakness and stiffness of the muscles of the legs, progressing to affect the arms and muscles at the base of the brain." (Doc. 1 at ¶ 3.) As a result, he uses a walker "and is substantially limited to performing one or more major life activities including, but not limited to, walking, standing, grabbing, tight grasping, and/or pinching or twisting of the wrist." (Id.)

         Beierle visited Taco Treat's location at 1800 Bow Street in Missoula, Montana on July 23, 2019. (Id. at ¶¶ 4, 6.) During that visit, Beierle alleges he "was denied full and equal access to, and full and equal enjoyment of, the facilities, services, goods, privileges and accommodations." (Id. at ¶ 4.) He then identifies sixteen "violations" of the ADA:

a) Failure to provide ADA compliant parking stall width clearance, in violation of 2010 ADAS and 2015 ABAAS Section 502.2.
b) Failure to provide ADA compliant landing slope grading, in violation of 2010 ADAS and 2015 ABAAS Section 405.7.1.
c) Failure to provide ADA compliant floor mats, throughout the subject facility, in violation of 2010 ADAS and 2015 ABAAS Section 302.2.
d) Failure to provide ADA compliant self-serve soda dispenser reach ranges, in violation of 2010 ADAS and 2015 ABAAS Section 308.1.
e) Failure to provide ADA compliant transaction counter height, in violation of 2010 ADAS and 2015 ABAAS Section 904.4.1 and 904.4.2.
f) Failure to provide ADA compliant number of accessible table seating, in violation of 2010 ADAS and 2015 ABAAS Section 226.1.
g) Failure to provide ADA compliant table seating underside clearances, in violation of 2010 ADAS and 2015 ABAAS Section 306.1 and 306.3.1.
h) Failure to provide ADA compliant number of accessible booth table seating, in violation of 2010 ADAS and 2015 ABAAS Section 226.1.
i) Failure to provide ADA compliant booth table seating underside clearances, in violation of 2010 ADAS and 2015 ...

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