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Court: Dismissal of suit over since-fixed ADA issues correct

November 30, 2019

SALT LAKE CITY (AP) — A court ruling says a judge in Utah was correct to dismiss a wheelchair user’s disabilities-access lawsuit citing deficiencies already corrected by Smith’s Food and Drug Centers Inc.

The 10th U.S. Circuit of Appeals decision Wednesday upheld the dismissal of Trevor Kelley’s suit, ruling that the case was moot because Smith’s fixed the height of a restroom soap dispenser and installed parking signage compliant with the Americans with Disabilities Act.

Kelley had objected to the dismissal, arguing unsuccessfully that he and his lawyer and his expert had discovered additional barriers that violated the ADA and that Smith’s lacked a policy on ADA compliance.

However, the 10th Circuit said the case was moot because the two barriers cited in the complaint “were permanently remediated while this litigation was pending.”