Perez, Jr. v. 33rd Street Investors I LLC.

Background

Jose Mario Perez, Jr. sued Wattle Café LLC, described as the tenant restaurant, and 33rd Street Investors I LLC, described as the landlord. He alleged that they operated a place of public accommodation that discriminated against him by failing to make the restaurant wheelchair accessible. The claims arose under the Americans with Disabilities Act and analogous state and local law.

Mootness

The restaurant asked the court to dismiss the case as moot because it had permanently closed, vacated the premises, and stopped operating. Perez initially opposed the request because he believed the restaurant had not provided enough proof of permanent closure. After the court directed additional evidence, the restaurant’s principal submitted a sworn affidavit stating that the restaurant had ceased operations, no longer held a lease for the premises, and had no plans to reopen there. Perez later stated that he took no position on whether the case should be dismissed as moot.

The court found that this evidence was unrebutted. Because the restaurant had stopped operating, terminated its lease, vacated the premises, and had no plans to return, the court concluded that there was no longer a live federal case or controversy. It therefore held that the federal Americans with Disabilities Act claim was moot and subject to dismissal.

State and Local Claims

After the federal claim was dismissed as moot, no federal claim remained. Because the case was at an early stage, the court declined to exercise supplemental jurisdiction, meaning it declined to decide the remaining state and local claims in federal court.

Disposition

Judge Andrew L. Carter Jr. ordered that the case be DISMISSED without prejudice. Each party was ordered to bear its own costs, and the clerk was asked to close the case.