Sixth Circuit Decides Dillery Case

See this opinion, issued yesterday. Dillery, the plaintiff, uses a motorized wheelchair and was cited by police officers in Sandusky, Ohio, for riding the wheelchair in the street. She sued the city under ADA Title II; she contended that the city had failed to install curb cuts on its sidewalks as the statute required. The lower court issued an injunction ordering the city to comply with Title II's curb cut requirements, but that injunction was identical to another injunction, in a separate case brought against Sandusky by other plaintiffs, that was issued before the order in the Dillery case (though the separate case was filed after Dillery's case). The Dillery court on appeal held that Dillery was not entitled to attorney's fees, because the relief she received was essentially moot given the existence of the other injunction. Judge Merritt dissented on this point.