Michigan Flyer, LLC v. Wayne County Airport Authority

138 F. Supp. 3d 899, 2015 U.S. Dist. LEXIS 136732, 2015 WL 5836052
CourtDistrict Court, E.D. Michigan
DecidedOctober 7, 2015
DocketCase Number 15-11512
StatusPublished
Cited by1 cases

This text of 138 F. Supp. 3d 899 (Michigan Flyer, LLC v. Wayne County Airport Authority) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Michigan Flyer, LLC v. Wayne County Airport Authority, 138 F. Supp. 3d 899, 2015 U.S. Dist. LEXIS 136732, 2015 WL 5836052 (E.D. Mich. 2015).

Opinion

OPINION AND ORDER GRANTING DEFENDANT’S MOTION TO DISMISS AND DISMISSING CERTAIN OTHER MOTIONS AS MOOT

DAVID M. LAWSON, United States District Judge

Through the Americans With Disabilities Act (ADA), Congress prohibited any “person” from retaliating against an “individual” who has “opposed any act or practice made unlawful” by the ADA. 42 U.S.C. § 12203(a). The plaintiffs—two private, for-profit transportation companies that operate bus and shuttle services to and from the defendant’s airport facilities—allege in their complaint that defendant Wayne County Airport Authority retaliated against them because it was displeased that representatives of Michigan Flyer and Indian Trails supported a lawsuit brought by disabled individuals against the Airport Authority (also brought under the ADA). The defendants filed a motion to dismiss, arguing that (1) their alleged conduct is insufficient as a matter of. law to constitute actionable “retaliation” under the ADA; and (2) the plaintiffs are not “individuals” subject to the protections of the Act,

The complaint describes actions taken by the Airport Authority against the plain[901]*901tiffs that extend well beyond “petty slights or minor annoyances,” Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53, 68, 126 S.Ct. 2405, 165 L.Ed.2d 345 (2006), and therefore describes actionable retaliatory conduct. However, the anti-retaliation protection in the ADA applies only, to “individuals,” a term that has come to refer to natural persons, not artificial entities such as the plaintiffs. Therefore, these plaintiffs cannot claim the protection against retaliation that the ADA provides, and their complaint must be dismissed.

I.

In* 2014, Michael Harris and Karla Hudson sued the Wayne County Airport Authority for violating the Americans With Disabilities Act (ADA), 42 U.S.C. § 12101 et seq., when the Airport Authority changed the pick-up and drop-off location for certain bus operators who transported persons with disabilities to the McNamara Terminal at the Detroit Metropolitan Airport. The change consisted of rerouting the buses operated by Michigan Flyer and Indian Trails from a pick-up and drop-off point located just outside the international area of the airport’s McNamara Terminal to a location outside and approximately 600 feet away from the indoor waiting area of the McNamara Ground Transportation Center (GTC).

Michigan Flyer and Indian Trails played a role in assisting the plaintiffs in that case, which included preparing affidavits and giving testimony *that the plaintiffs relied upon in support of their position that the Airport ■ flouted the ADA’s requirements in constructing and operating its GTC.

That case was dismissed after the pair-ties—including Harris, Hudson, the Airport Authority, and the present plaintiffs—entered into a settlement agreement that called for certain changes to be made to the GTC facility. Michigan Flyer and Indian Trails, the plaintiffs here, allege that, immediately after the settlement was executed, the Airport' Authority carried out a number of retaliatory gestures toward them, including unilaterally reducing the amount of time that the plaintiffs’ buses could stop at the GTC to load arid unload passengers; forcing the plaintiffs’ drivers to circle the airport instead of stopping in their assigned spaces, even when spaces were available; and forcing the plaintiffs’ drivers to vacate assigned spaces before their .scheduled departure times, even when no other vehicles were waiting to use the spaces. The plaintiffs also assert that the Airport Authority undertook—and pursues to this day—the prosecution of frivolous misdemeanor charges based upon tickets issued to the plaintiffs for “prohibited signage” displayed at a desk used, by their employees in the GTC.

The plaintiffs contend that this retaliatory conduct violates' section 12203 of the ADA, which states that “[n]o person shall discriminate against ariy individual because such individual has opposed any act or practice made unlawful by this chapter or because such individual made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this chapter.” 42 U.S.C. § 12203(a). The defendants filed a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), arguing that, the plaintiffs- have not stated a viable claim. The motion papers adequately set forth the relevant facts and law, and oral argument will not aid in the disposition of the motion. Therefore, it is ORDERED .that the motion be decided on the papers submitted. See E.D. Mich. LR 7.1(f)(2).

il

“The purpose of Rule 12(b)(6) is to allow a defendant to test whether, as a matter of law, the plaintiff is entitled to legal relief if [902]*902all the facts and allegations in the complaint are, taken as true.” Rippy ex rel. Rippy v. Hattaway, 270 F.3d 416, 419 (6th Cir.2001) (citing Mayer v. Mylod, 988 F.2d 635, 638 (6th Cir.1993)). Under Rule 12(b)(6), the complaint is viewed in the light most favorable to the plaintiff, the allegations in the complaint. are accepted as true, and all reasonable inferences are drawn'in favor of the plaintiff. Bassett v. Nat’l Collegiate Athletic Ass’n, 528 F.3d 426, 430 (6th Cir.2008). “[A] judge may not grant & Rulé 12(b)(6) motion based on a disbelief of a complaint’s factual allegations.” Saglioccolo v. Eagle Ins. Co., 112 F.3d 226, 228-29 (6th Cir.1997) (quoting Columbia Nat’l Res., Inc. v. Tatum, 58 F.3d 1101, 1109 (6th Cir.1995)). “However, while liberal, this standard of review does require more- than the bare assertion of legal' conclusions.” Tatum, 58 F.3d at 1109; Tackett v. M & G Polymers, USA, L.L.C., 561 F.3d 478, 488 (6th Cir.2009).,“To survive a motion to dismiss, [a plaintiff] must plead ‘enough factual matter’ that, when taken as true, ‘statefs] a claim to relief that is plausible on its face.’ Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). Plausibility requires showing' more than ' the ‘sheer possibility’ of relief but less than a ‘probable]’ éntitlement to relief. Ashcroft v. Iqbal, [556 U.S. 662, 678], 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009).” Fabian v. Fulmer Helmets, Inc., 628 F.3d 278, 280 (6th Cir.2010). “Where a complaint pleads facts that are ‘merely consistent with’ a defendant’s liability, it ‘'stops short of the line between possibility and plausibility of entitlement to relief.’ ” Iqbal, 556 U.S. at 678, 129 S.Ct. 1937 (quoting Twombly, 550 U.S. at 557, 127 S.Ct.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Untitled Case
W.D. Kentucky, 2026
Untitled Case
E.D. Michigan, 2026
Haslerig v. Perry
M.D. Tennessee, 2022

Cite This Page — Counsel Stack

Bluebook (online)
138 F. Supp. 3d 899, 2015 U.S. Dist. LEXIS 136732, 2015 WL 5836052, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michigan-flyer-llc-v-wayne-county-airport-authority-mied-2015.