Hannah Felix and Jessica Schwie of Jardine, Logan & O’Brien, P.L.L.P. obtained an order for summary judgment dismissing the federal ADA claims brought by Plaintiff David B. Ketroser against Asphalt Driveway Company of St. Paul. Ketroser alleged that (1) the handicap parking space was not located on the shortest accessible route from adjacent parking to an accessible entrance, (2) the slope of the handicap parking space and access aisle were too steep, and (3) the curb ramp did not have flared sides in violation of the ADA. In the Report and Recommendation, Magistrate Judge Mayeron held that Ketroser’s status as an “ADA tester” is not sufficient to confer standing, but rather, like any plaintiff, he must demonstrate the he indeed suffered a cognizable injury in fact that will be redressed by the relief sought. Magistrate Judge Mayeron determined that Ketroser lacked standing to assert his ADA claims under Title III because (1) he failed to show any injury resulting from the alleged architectural barriers, and (2) he did not demonstrate a reasonable likelihood of returning to the premises for reasons other than to confirm whether the barriers had been removed. District Court Judge Frank adopted Magistrate Judge Mayeron’s Report and Recommendation. The state law MHRA claims were remanded to Hennepin County District Court. Ketroser subsequently voluntarily dismissed the state law MHRA claims.
