FORT MYERS — A federal court has ruled a disabled Florida man's complaint that a Naples Marathon Gas Station had "physical barriers" and Americans with Disabilities Act (ADA) violations were not a "sufficient basis for judgment" while denying his motion for entry of judgment after default.
According to the May 20 U.S. District Court for the Middle District of Florida Fort Myers Division filing, plaintiff Timothy Tidwell petitioned the court for a motion of entry of judgment after default after no response was filed regarding his complaint against the defendant, Southern Petro Holding LLC, owner, lessee, lessor and operator of a Naples Marathon gas station.
Tidwell, a disabled individual, who according to the court filing, "uses a wheelchair for mobility" and "is substantially limited" is a "tester" who visits various public places looking for any "illegal barriers" of access for disabled individuals. After visiting the Marathon station in Naples, Tidwell filed a complaint against Southern Petro in February, alleging he found "inaccessible" bathrooms and other ADA violations. After Southern Petro did not respond to the complaint, a entry of default was granted.
Tidwell is also requesting the court to enjoin Southern Petro "from discriminating against individuals with disabilities" and to "remove the barriers to access."
The court found that Tidwell did not sufficiently plead discrimination under the ADA because he failed to establish he was disabled, that Southern Petro owns and operates the "public place" in question and that Southern Petro "denied" him "equal enjoyment of the premises."
Senior U.S. District Judge John Steele stated Tidwell failed "to describe the feature that renders the premises 'inaccessible'" and failed "to support the legal conclusion that removal of the barriers was 'readily achievable.'" The court, therefore, denied Tidwell's motion for entry of judgment after default without prejudice.
U.S. District Court Middle District of Florida, Fort Myers Division, case number CV-00098