Lynda Butler v. Winco Foods, LLC

MEMORANDUM

Lynda Butler appeals the district court’s dismissal of her claim brought under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq. Butler challenges WinCo Foods, LLC’s (WinCo) store-wide policy prohibiting service animals from riding in its grocery carts. After the district court denied Butler’s motion for summary judgment on her ADA claim, and granted in part and denied in part WinCo’s cross-motion for summary judgment on that claim, WinCo offered Butler an individual exception to its policy, which would permit her to place her service animal in the grocery cart while shopping as long as the animal was in a carrier. The district court dismissed Butler’s ADA claim, and declined to exercise jurisdiction over her supplemental state law claims, reasoning that because WinCo offered Butler an exception to its service animal policy, Butler’s ADA claim is moot. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse' the district court’s dismissal of Butler’s ADA claim.

1. The district court erred by concluding that Butler’s ADA claim is moot based on the exception WinCo offered her to its service animal policy. Butler’s ADA claim falls within the…