Mullin v. Ashirward Hospitality, Inc.
United States District Court for the Western District of Pennsylvania
2024 WL 936322 (2024)
- Written by Jamie Milne, JD
Facts
Amputee Bartley Mullin (plaintiff) relied upon a standard-size 18-inch-high wheelchair for mobility. He contacted a Pennsylvania hotel owned by Ashirward Hospitality, Inc. (Ashirward) (defendant) to inquire about disabled-accessible rooms. He was informed that the surface of the mattresses was 30 inches from the ground, which would make it difficult or impossible for Mullin to transfer himself to the bed. Mullin sued Ashirward, alleging that the failure to have accessible beds violated Title III of the Americans with Disabilities Act (ADA). In his complaint, Mullin claimed that although he had not previously visited Ashirward’s hotel, he generally desired to visit the area in which the hotel was located and stay at the hotel when he did so. Ashirward moved to dismiss the suit for lack of standing, arguing that Mullin, who merely had a vague intent to visit the hotel at some point in the future, had not suffered any injury from the alleged ADA violation. The district court considered the motion.
Rule of Law
Issue
Holding and Reasoning (Hornak, C.J.)
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