Blue v. United Way

41 F. Supp. 3d 470, 2014 U.S. Dist. LEXIS 115190, 2014 WL 4105687
CourtDistrict Court, E.D. North Carolina
DecidedAugust 19, 2014
DocketNo. 5:13-CV-625-F
StatusPublished
Cited by1 cases

This text of 41 F. Supp. 3d 470 (Blue v. United Way) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blue v. United Way, 41 F. Supp. 3d 470, 2014 U.S. Dist. LEXIS 115190, 2014 WL 4105687 (E.D.N.C. 2014).

Opinion

ORDER

JAMES C. FOX, Senior District Judge.

This matter is before the court on United Way’s motion to dismiss [DE-15]. For the reasons that follow, the motion is DENIED.

PROCEDURAL AND FACTUAL BACKGROUND

Plaintiff Jackie Blue (“Blue”)1 alleges that she is a qualified individual with a [471]*471disability -within the meaning of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. Blue suffers from multiple sclerosis and she is confined to a wheelchair. She resides within four miles of the United Way of Cumberland County (“United Way”), which is located in Fayetteville, N.C.

The United Way offers a variety of public community meetings. Blue alleges that she has visited these meetings in the past and intends to return for future meetings with approximately the same frequency. Blue further alleges that she has encountered a number of ADA violations at the property that prevent her from fully accessing and enjoying the property. The ADA violations Blue alleges that she personally encountered include: an inability to access certain portions of the restroom using her wheelchair, dangerous exposed pipes in the restroom, the inability to reach certain dispensers and transfer bars, and her inability to reach certain counters. Blue also states that she does not have an accessible path from the parking lot to the building.

DISCUSSION

A. Standing

United Way moves to dismiss Blue’s claims for lack of subject matter jurisdiction. Fed.R.Civ.P. 12(b)(1). Rule 12 states that “[i]f the court determines at any time that it lacks subject matter jurisdiction, the court must dismiss the action.” Fed.R.Civ.P. 12(h)(3). Rule 12(b)(1) challenges to the court’s subject matter jurisdiction can take one of two forms: (1) an argument that the complaint’s allegations, taken as true, do not support subject matter jurisdiction (a “facial challenge” to jurisdiction); or (2) an argument that the jurisdictional allegations in the complaint are not true. Kerns v. United States, 585 F.3d 187, 192 (4th Cir.2009). Although United Way does not specify the form of its Rule 12(b)(1) argument, it is clear from its briefing that it launches a facial challenge to the court’s jurisdiction. In such a case, the plaintiff is afforded “the same procedural protection as [s]he would receive under a Rule 12(b)(6) consideration.” Id. at 192; Adams y. Bain, 697 F.2d 1213, 1219 (4th Cir.1982). That is, “the facts alleged in the complaint are taken as true, and the motion must be denied if the complaint alleges sufficient facts to invoke subject matter jurisdiction.” Kerns, 585 F.3d at 192.

United Way argues Blue lacks standing to bring this lawsuit under Article III of the United States Constitution, thus depriving the court of subject matter jurisdiction. Article III standing doctrine tests whether a plaintiff has “ ‘such a personal stake in the outcome of the controversy as to warrant [her] invocation of federal court jurisdiction and to justify exercise of the court’s remedial powers on her behalf.’” White Tail Park, Inc. v. Stroube, 413 F.3d 451, 458 (4th Cir.2005) (quoting Planned Parenthood of S.C. v. Rose, 361 F.3d 786, 789 (4th Cir.2004)). The plaintiff has the burden of demonstrating three elements to satisfy standing: (1) an injury in fact that is “concrete and particularized” and “actual or imminent”; (2) the injury must be fairly traceable to the challenged conduct; and (3) a favorable decision must be likely to redress the injury. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560-61, 112 S.Ct. 2130, 119 L.Ed.2d 351 (1992); Friends of the Earth Inc. v. Gaston Copper Recycling Corp., 629 F.3d 387, 396 (4th Cir.2011). General allegations regarding injury are typically sufficient at the pleading stage because courts “presume that general alie[472]*472gations embrace those specific facts that are necessary to support the claim.” Lujan, 504 U.S. at 561,112 S.Ct. 2130.

United Way’s arguments for dismissal based on lack of standing are foreclosed by the Fourth Circuit’s decision in Daniels v. Arcade, L.P., 477 Fed.Appx. 125 (4th Cir.2012). The facts of Daniels are virtually indistinguishable from the facts of this case. Finding the plaintiff had sufficiently alleged the injury in fact component of standing, the Fourth Circuit stated:

Assuming that his allegations are true and construing all inferences in Daniels’ favor, as we are required to do in this context, we observe that Daniels lives near the Market, h’ad visited the Market before the filing of the amended complaint, and in fact “regularly visits” the Market. During these visits, Daniels alleges, he was subject to discrimination within the meaning of the ADA by the following purported structural deficiencies of the Market: inaccessible entry routes, inaccessible ramps, inaccessible restrooms, and other inaccessible amenities. These alleged structural deficiencies excluded Daniels from, or denied him the benefits of, the goods and services offered by the Market’s vendors. Because he visited the Market and encountered these difficulties himself, Daniels’ injury is “actual” and “concrete,” rather than theoretical. Moreover, the injury is “particularized” because the injury affected Daniels “in a personal and individual way.” Lujan, 504 U.S. at 561 n. 1, 112 S.Ct. 2130.

Id. at 129. This is precisely what Blue alleges in this case: that she has visited the United Way with some frequency in the past, that she lives near the United Way, and that she was subject to discrimination within the meaning of the ADA by inaccessible entry routes and inaccessible restrooms. No more is required to’ demonstrate injury in fact2 at the pleading stage. Id. Of course, as explained above, if discovery reveals that some of these allegations are not true, United Way is free to renew their standing arguments. See Kerns, 585 F.3d at 192.

As United Way stresses, because Blue seeks injunctive relief, it is not sufficient for her to demonstrate only past injury. She must allege (and ultimately prove) a “real and immediate” threat that she will be injured again. Bryant v. Cheney, 924 F.2d 525, 529 (4th Cir.1991); Daniels, 477 FedAppx. at 129. In Daniels, the Fourth Circuit held that Daniels’ allegation that he “intends to continue to visit the [Market] in the future for his shopping needs” was sufficient to establish a real and immediate threat of future harm. Daniels, 477 Fed.Appx. at 130.

In this case, Blue alleges she has “visited the [United Way] and plans to return to attend meetings ojfered to the public .... ” Compl. [DE-1] ¶ 6.

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41 F. Supp. 3d 470, 2014 U.S. Dist. LEXIS 115190, 2014 WL 4105687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blue-v-united-way-nced-2014.