Neff v. American Dairy Queen Corp.
United States Court of Appeals for the Fifth Circuit
58 F.3d 1063 (1995)
- Written by Darius Dehghan, JD
Facts
American Dairy Queen Corporation (ADQ) (defendant) was a franchisor that licensed franchisees to establish Dairy Queen retail stores. One of those franchisees was R&S Dairy Queens, Inc. (R&S), a corporation that owned two Dairy Queen stores. The franchise agreement between ADQ and R&S authorized ADQ to reject proposed modifications to R&S’s stores. But ADQ did not reject any proposed modifications designed to improve the accessibility of R&S’s stores for individuals with disabilities. Margo Neff (plaintiff), a wheelchair user, brought suit against ADQ. Specifically, Neff contended that ADQ violated the Americans with Disabilities Act (ADA) by failing to make R&S’s stores accessible to her. The district court granted summary judgment in favor of ADQ. Neff appealed.
Rule of Law
Issue
Holding and Reasoning (Garza, J.)
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