Magee v. Coca-Cola Refreshments USA Inc.

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Plaintiff, on behalf of himself and others similarly situated, filed suit against Coca-Cola, alleging claims under Title III of the Americans with Disabilities Act (ADA), 42 U.S.C. 12101 et seq. Plaintiff alleged that Coca-Cola owns and operates glass-front vending machines in public spaces and that those machines are not accessible to him and others who are blind. The district court dismissed the complaint, holding that Coca-Cola’s vending machines are not themselves “places of public accommodation.” Based on the unambiguous language of 42 U.S.C. 12181(7)(E), the court concluded that Coca-Cola’s vending machines are not “sales establishments” under the plain meaning of that term and therefore are not “places of public accommodation” under Title III of the ADA. Therefore, the court need not consider whether the vending machines are “facilities” under 28 C.F.R. 36.104. The court noted that its conclusion comports with the statute’s legislative history and the DOJ’s guidance. The court acknowledged the limits of its holding and noted that vending machines may very well be subject to various requirements under the ADA by virtue of their being located in a hospital or a bus station, both of which are indisputably places of public accommodation. However, plaintiff only sued Coca-Cola in this case. Accordingly, the court affirmed the judgment. View "Magee v. Coca-Cola Refreshments USA Inc." on Justia Law