Court Recommends That Cracker Barrel Motion To Dismiss Be Denied

On January 5, 2015, the United States District Court for the WDPA (Mitchell, J.) issued a Report and Recommendation suggesting that a motion to dismiss filed by defendant Cracker Barrel Old Country Stores, Inc. be denied. The motion sought dismissal of a class action complaint filed by Lynch Carpenter on behalf of a plaintiff with a mobility disability. In the complaint, Lynch Carpenter alleged that parking lots at defendant’s restaurants have slopes in their accessible parking spaces that violate the requirements of the ADA. Cracker Barrel has appealed the Report and Recommendation to Judge Hornak.