Judge Raúl M. Arias-Marxuach held in abeyance Defendant Master Donuts, Inc.’s motion to dismiss Plaintiff Walberto Hernandez-Reyes’s Americans with Disabilities Act Title II complaint for lack of subject matter jurisdiction.
The court ruled that the mootness challenge is intertwined with the merits, requiring further development of the record under Federal Rule of Civil Procedure 56.
The dispute centers on whether architectural barriers at a Master Donuts store prevent wheelchair users from accessing the shop. Plaintiff’s Second Amended Complaint narrows his grievances to four specific categories of alleged barriers: a noncompliant entrance ramp slope, an inaccessible accessible parking space and access aisle, inadequate counter knee and toe clearance, and a trash receptacle blocking required clear floor space in the customer restroom.
Master Donuts argued the case is moot because its counsel previously litigated identical claims in 2017 and 2018, resulting in a settlement where the shop allegedly remedied those barriers. The defendant cited an expert report from that prior case and a declaration by its president asserting current compliance.
Plaintiff opposed the motion, arguing that eight-year-old measurements are insufficient to prove present compliance and suggesting recent photographs of the shop may have been staged. He also denied allegations that he or his counsel are vexatious litigants.
Judge Arias-Marxuach concluded the paper record was too sparse to determine whether the barriers had been durably remedied. He ordered counsel for both parties to meet at the donut shop by May 26, 2026, for a joint inspection focusing on the four alleged barriers.
The court also denied without prejudice Master Donuts’ request to declare Plaintiff and his counsel vexatious litigants.