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Beierle v. CHS, Inc.

United States District Court, D. Montana, Missoula Division

October 16, 2019

CHAD BEIERLE, Plaintiff,
v.
CHS, INC., 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]As explained below, the present action is dismissed with leave to amend pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure.

         Background For the purposes of the present analysis, 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 the Defendant CHS, Inc. d/b/a Cenex Gas Store #l's ("CHS") location at 4570 N. Reserve Street in Missoula, Montana on July 29, 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 twenty-nine "violations" of the ADA:

a) Failure to provide ADA compliant parking stall striping and markings, at several parking stalls throughout the subject property, in violation of 2010 ADAS and 2015 ABAAS Section 502.3.3.
b) Failure to provide ADA compliant parking stall width clearances, at several parking stalls throughout the subject property, in violation of 2010 ADAS and 2015 ABAAS Section 502.2.
c) Failure to provide ADA compliant access aisle striping and markings, at several parking stalls throughout the subject property, in violation of 2010 ADAS and 2015 ABAAS Section 502.3.3.
d) Failure to provide ADA compliant access aisle, on the passenger side of the parking stall, at several parking stalls throughout the subject property, in violation of 2010 ADAS and 2015 ABAAS Section 502.2.
e) Failure to provide ADA compliant access aisle slope grading, at several parking stalls throughout the subject property, in violation of 2010 ADAS and 2015 ABAAS Section 502.4.
f) Failure to provide ADA compliant parking stall signage, at the designated parking stall, at several parking stalls throughout the subject property 502.6.
g) Failure to provide ADA compliant, safe, walkway, due, in part, to abrupt vertical edges and/or variations over 1/4 inch, at several areas throughout the walkway of the subject property, in violation of 2010 ADAS and 2015 ABAAS Section 303.2 and 303.3.
h) Failure to provide ADA compliant, secure main entrance doormat, in violation of 2010 ADAS and 2015 ABAAS Section 302.2.
i) Failure to provide ADA compliant transaction counters, at several areas throughout the subject facility, in violation of 2010 ADAS and 2015 ABAAS Section 904.4.1 and 904.4.2.
j) Failure to provide ADA compliant transaction counters clear floor space, at several areas throughout the subject facility, in violation of 2010 ...

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