If my business closes do I need to comply with the ADA?

Perez v. Due Milla Realty Grp. LLC is a recent court case involving a Title III ADA claim. The defendant in this case was closing operations at the subject premises effective April 9, 2023. The court held that when a public accommodation closes, an ADA claim becomes moot, and a private individual may only obtain injunctive relief for violations of a right granted under Title III; he cannot recover damages.

In this case, the district court dismissed all federal claims for lack of subject-matter jurisdiction, and as a result, the district court is precluded from exercising supplemental jurisdiction over the related state-law claims. Therefore, the case was dismissed as moot, and supplemental state law claims were dismissed.

Conclusion: This case highlights the importance of understanding the rules and requirements for pursuing an ADA claim, especially when dealing with a public accommodation that is closing its operations. As this case demonstrates, a plaintiff cannot recover damages in such a situation, and injunctive relief may only be obtained if the plaintiff can establish standing and a real and immediate threat of future injury. Therefore, it is crucial to consult with an experienced attorney who can guide you through the legal process and help you protect your rights as a person with a disability.

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