## Facts

- Patricia Kennedy, a wheelchair user, visited Omega Gas & Oil, LLC’s gas station and convenience store in West Palm Beach, Florida, and observed alleged architectural barriers affecting access to parking and a restroom.
- Kennedy alleged, among other items, deteriorated accessible-parking markings and obstructions in the access aisle, and restroom conditions limiting wheelchair entry and use (e.g., fixture placement, hardware, and dispenser height).
- Kennedy sued under Title III of the Americans with Disabilities Act (ADA) seeking injunctive relief requiring removal of barriers.
- After suit was filed, Omega completed remediation addressing all identified noncompliance items except one: the restroom lacked 60 inches of wheelchair maneuvering space, which would require moving a wall approximately three inches.
- Kennedy’s expert estimated the wall move would cost about $4,650, based on similar projects; Omega presented testimony that contractor estimates were roughly $80,000–$85,950, citing structural complexities (including plumbing and electrical work).

## Issues

1. Whether Omega’s post-suit remediation mooted Kennedy’s claims as to the barriers that were corrected before trial.
2. Whether Kennedy proved that removing the remaining barrier—expanding restroom maneuvering space by moving a wall—was “readily achievable” under Title III of the ADA.

## Decision

- The Eleventh Circuit affirmed the judgment for Omega after a bench trial.
- The court upheld the finding that Omega’s remediation mooted the claims as to corrected barriers.
- The court upheld the finding that Kennedy failed to meet her burden to show the remaining restroom modification was readily achievable.
- Applying clear-error review to the fact-intensive ready-achievability determination, the court concluded the district court permissibly credited Omega’s evidence over Kennedy’s generalized estimate.

## Legal Principles

- Title III requires removal of architectural barriers in places of public accommodation only where removal is “readily achievable,” meaning easily accomplishable without much difficulty or expense.
- In the Eleventh Circuit’s framework, the plaintiff must produce evidence of an ADA barrier and a plausible method of removal that is readily achievable; the plaintiff retains the ultimate burden of persuasion.
- Voluntary remediation can moot claims for specific barriers where there is no reasonable expectation of recurrence, narrowing the controversy to any remaining, unremedied barriers.
- “Readily achievable” is a fact-specific inquiry; courts may discount generalized or non-site-specific cost evidence when confronted with property-specific feasibility and cost evidence.

## Conclusion

Because Omega corrected the challenged conditions other than the restroom maneuvering-space deficiency, those claims were moot, and Kennedy did not prove that moving the restroom wall was readily achievable; therefore, she was not entitled to injunctive relief and judgment for Omega was affirmed.


Kennedy v. Omega Gas & Oil, LLC, 748 F. App’x 886 (11th Cir. 2018)