Burgess v. Greater Cleveland Regional Transit Authority

CourtDistrict Court, N.D. Ohio
DecidedJuly 7, 2025
Docket1:24-cv-01217
StatusUnknown

This text of Burgess v. Greater Cleveland Regional Transit Authority (Burgess v. Greater Cleveland Regional Transit Authority) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burgess v. Greater Cleveland Regional Transit Authority, (N.D. Ohio 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO EASTERN DIVISION

MONIQUE BURGESS, Case No. 1:24-cv-01217-PAB

Plaintiff,

-vs- JUDGE PAMELA A. BARKER

GREATER CLEVELAND REGIONAL TRANSIT AUTHORITY, MEMORANDUM OPINION & ORDER

Defendant.

Pending before the Court is Defendant Greater Cleveland Regional Transit Authority’s (“Defendant” or “GCRTA”) Motion to Dismiss (“Motion”) Plaintiff Monique Burgess’s (“Plaintiff” or “Burgess”) Complaint. (Doc. No. 6.) For the following reasons, GCRTA’s Motion is DENIED. I. Factual Allegations Burgess sets forth the following factual allegations in her Complaint. (Doc. No. 1.) GCRTA is a regional transit authority that does business in the Northern District of Ohio. (Id. at PageID #1.) Burgess resides in Cuyahoga County, Ohio and was at all relevant times employed by GCRTA as a rail operator. (Id. at PageID #1–2.) GCRTA operates three rail lines: the Blue line, the Green line, and the Red line.1 (Id. at PageID #2.) At all relevant times, Burgess has operated trains on the Blue line and/or Green line.

1 According to Burgess: the Blue line runs along Van Aken Boulevard between Chagrin Boulevard and Tower City; the Green line runs along Shaker Boulevard between Green Road and Tower City; and the Red line runs between East Cleveland to the airport. (Doc. No. 1 at PageID #2.) GCRTA refers to the Blue and Green lines as “light rail,” and to the Red line as “heavy rail.” (Id.) Burgess suffers from an overactive bladder and sickle cell anemia, a disease associated with overactive bladder, as well as a host of other medical issues. (Id.) Burgess alleges that her “physical impairment … substantially limits the major life activity of urinary and bladder functioning.” (Id. at PageID #4.) According to Burgess, GCRTA provides one unisex restroom near the rotunda lobby of the Tower City station for use by rail operators, bus drivers, booth attendants, and security officers. (Id.

at PageID #2.) The rotunda lobby restroom has one toilet and one urinal for use by only one person at a time. (Id.) Burgess alleges that “[t]here is often a line of employees waiting to use that restroom, which makes it impossible for [her] to have sufficient time to relieve herself using that restroom and keep to GCRTA’s rail schedule.” (Id.) Burgess alleges that “[o]n August 17, 2022 and several times thereafter, [Burgess] requested as a disability accommodation the option of using a restroom located just past the entrance to the Red line, inside space used as an office by the Customer Service Supervisor (the customer service restroom).” (Id. at PageID #3.) According to Burgess, “GCRTA refused [her] request to be able to use the customer service restroom as an accommodation for her disability, and has failed to provide any reasonable accommodation.” (Id.)

Burgess alleges that “since 2011, [she has] performed the essential functions of her position,” and that she is “otherwise qualified for and can perform the essential functions of her Rail Operator position with or without reasonable accommodation.” (Id. at PageID #4.) II. Procedural History On or about November 17, 2022, Burgess “timely filed a Charge of Discrimination with the Ohio Civil Rights Commission (the ‘OCRC’) based on GCRTA’s refusal to accommodate her

2 disability.” (Id. at PageID #3.) On or about January 11, 2024, the OCRC issued to Burgess a Notice of Right to Sue. (Id.) On April 19, 2024, the Equal Employment Opportunity Commission (“EEOC”) issued a Notice of Right to Sue. (Id.) On July 17, 2024, Burgess filed her Complaint against GCRTA. (Doc. No. 1.) Therein, Burgess alleges three claims under: (i) Title I of the Americans with Disabilities Act (“ADA”); (ii) Section 504 of the Rehabilitation Act (“Section 504”); and (iii) Ohio Revised Code § 4112.02. (Id.)

On November 15, 2024, GCRTA filed a Motion to Dismiss. (Doc. No. 6.) On January 15, 2025, Burgess filed her Opposition to GCRTA’s Motion (“Opposition”). (Doc. No. 8.) On January 29, 2025, GCRTA filed its Reply in Support of its Motion (“Reply”). (Doc. No. 9.) Accordingly, GCRTA’s Motion is ripe for review. III. Standard of Review GCRTA moves to dismiss all of Burgess’s claims as asserted against it under Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. A motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) challenges the subject-matter jurisdiction of the court. See Fed. R. Civ. P. 12(b)(1). “The standard of review of a 12(b)(1) motion to dismiss for lack of subject matter jurisdiction depends on whether the defendant makes a facial or factual challenge to subject matter jurisdiction.” See Admiral

Ins. Co. v. Fire-Dex, LLC, 2022 WL 16552973 at *3 (N.D. Ohio Oct. 31, 2022), aff’d, 2023 WL 3963623 (6th Cir. June 13, 2023). “Where there is a facial attack on the pleadings for lack of standing … ‘we must accept the allegations set forth in the complaint as true, drawing all inferences in favor of the plaintiff.’” Mosley v. Kohl’s Department Stores, Inc., 942 F.3d 752, 756 (6th Cir. 2019). Pursuant to Rule 12(b)(6), the Court accepts Burgess’s factual allegations as true and construes the Complaint in the light most favorable to Burgess. See Gunasekera v. Irwin, 551 F.3d

3 461, 466 (6th Cir. 2009). To survive a motion to dismiss under Rule 12(b)(6), “a complaint must contain (1) ‘enough facts to state a claim to relief that is plausible,’ (2) more than ‘a formulaic recitation of a cause of action’s elements,’ and (3) allegations that suggest a ‘right to relief above a speculative level.’” Tackett v. M & G Polymers, USA, LLC, 561 F.3d 478, 488 (6th Cir. 2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555-56 (2007)). The measure of a Rule 12(b)(6) challenge—whether the complaint raises a right to relief above

the speculative level— “does not ‘require heightened fact pleading of specifics, but only enough facts to state a claim to relief that is plausible on its face.’” Bassett v. Nat’l Collegiate Athletic Ass’n, 528 F.3d 426, 430 (6th Cir. 2008) (quoting Twombly, 550 U.S. at 555-56). “A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Deciding whether a complaint states a claim for relief that is plausible is a “context specific task that requires the reviewing court to draw on its judicial experience and common sense.” Id. at 679. Consequently, the examination of a complaint for a plausible claim for relief is undertaken in conjunction with the “well-established principle that Federal Rule of Civil Procedure 8(a)(2) requires only a short and plain statement of the claim showing that the pleader is entitled to relief. Specific

facts are not necessary; the statement need only give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.” Gunasekera v. Irwin, 551 F.3d 461, 466 (6th Cir. 2009) (quoting Erickson v.

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