United States District Court, D. Nebraska
Barfield, Plaintiff, represented by Jackie L. Barfield,
BARFIELD LAW FIRM.
American Enterprise Properties Nebraska, Defendant,
represented by Adam J. Prochaska, O'NEILL, HEINRICH LAW
Gordon, Defendant, represented by Adam J. Prochaska,
O'NEILL, HEINRICH LAW FIRM.
Midtown Gas and Grocery, Defendant, represented by Adam J.
Prochaska, O'NEILL, HEINRICH LAW FIRM.
FINDINGS, RECOMMENDATION, AND ORDER
R. ZWART, Magistrate Judge.
matter is before the court on Defendants' motion to
dismiss, (Filing No. 9), under Rules 12(b)(1) and 12(b)(6).
For the reasons set forth below the motion should be granted.
Jimmy Barfield, alleges he is a disabled individual and
"has limited mobility when walking or standing."
(Filing No. 1, Â¶6 at CM/ECF p. 1). Defendant Midtown Gas and
Grocery is apparently a commercial business located at 1222
South 24th Street, Omaha, Nebraska 68102. The remaining
defendants are the alleged owners and/or landlords of Midtown
Gas and Grocery. (Filing No. 1, Â¶3 at CM/ECF p. 2).
alleges that on or about November 16, 2015 he visited Midtown
Gas and Grocery "to utilize goods and/or services"
and was prevented from doing so "because [the facility]
failed to comply with federal ADA Access Guidelines For
Buildings and Facilities" ("ADAAG"). (Filing
No. 1, Â¶7 at CM/ECF pp. 3-4). Plaintiff listed the following
(a) Designated disabled parking spaces are insufficient and
in violation of ADAAG section 4.6.
(b) Failure to provide an adequate access aisle in violation
of ADAAG 4.6.3.
(c) Failure to provide disabled parking space signage at
proper height in violation of ADAAG 4.6.4.
(d) Failure to provide an unobstructed view of disabled
parking signage in violation of ADAAG 4.6.4.
(e) Failure to provide "VAN ACCESSIBLE"
Parking-Space in violation of ADAAG ...