Smith v. Hartmann's Moonshine Shoppe, LLC

Background

Scott Smith alleged that he has arthrogryposis, cannot stand or walk, and uses a wheelchair. On June 24, 2017, he attempted to visit the Moonshine Shoppe, a liquor store operated by Hartmann’s Moonshine Shoppe, LLC. He alleged that the parking lot had no space reserved for people with disabilities, no required signage or access aisle, and a curb ramp with an excessive slope. He said these architectural barriers deterred him from visiting and that he intended to return.

Smith sued Hartmann’s Moonshine Shoppe, LLC, Paul J. Hartmann, and Ann M. Hartmann under Title III of the Americans with Disabilities Act. The opinion identifies the LLC as the store’s operator and lessee and Paul and Ann Hartmann as the owners and lessors of the property. All three defendants were served but failed to answer or otherwise appear. The Clerk entered default against each defendant.

Court’s Analysis

The court explained that, after default, the complaint’s factual allegations—other than allegations about the amount of damages—are treated as true, but the court must still decide whether those facts establish a valid legal claim. Title III prohibits disability discrimination in places of public accommodation and permits qualifying plaintiffs to seek preventive relief, typically an injunction.

The court found that Smith adequately alleged a disability under the Act and that the defendants were places of public accommodation subject to the Act. It also found that the lack of accessible parking features and the excessively steep curb ramp constituted architectural barriers. The defendants’ failure to answer waived the affirmative defense that removing the barriers was not readily achievable. The court further stated that, even without that waiver, installing an accessible parking space and a ramp would be low-cost and easy to accomplish.

Evidence submitted by Smith showed that, in February 2019, the property had one parking space with a sign posted low to the ground, no designated access aisle, and no modification to the curb ramps. The court concluded that Smith faced a real and immediate threat of future injury and that the balance of hardships and public interest favored an injunction.

Fees and Costs

Smith requested $5,125 in attorney’s fees and $617.47 in costs. The court reviewed the billing records and found the requested rates and time generally reasonable. It removed a $175 entry for an attorney’s time because it duplicated a $100 entry for the same internal meeting. After that adjustment, the court found that $5,125 in fees remained reasonable and awarded the full requested fee amount, along with the requested $617.47 in costs.

Order

Judge Michael J. Davis granted Smith’s Motion for Default Judgment. The defendants were ordered, at the Moonshine Shoppe property, to install at least one parking space and adjacent access aisle complying with Section 502 of the 2010 ADA Accessibility Guidelines and a curb ramp complying with Section 406. The court also granted Smith’s Motion for Attorney Fees and held the three defendants jointly and severally liable for $5,742.47 in attorney’s fees and expenses. Judgment was ordered to be entered accordingly.