Fall v. LA Fitness et al

Filing 29

ORDER granting 25 Defendant's Motion for Partial Summary Judgment. Signed by Judge Susan J. Dlott. (wam)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
MOHAMED FALL,
Plaintiff,
v.
LA FITNESS, et al.,
Defendants.

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Case No. 1:15-cv-127
Judge Susan J. Dlott
Order Granting Defendants’ Motion for
Partial Summary Judgment. (Doc. 25.)

This matter comes before the Court on Defendants’ Motion for Partial Summary
Judgment. (Doc. 25.) For the following reasons, the Motion is GRANTED.
Plaintiff alleges that Defendants violated Title II of the Civil Rights Act of 1964, 42
U.S.C. § 2000a et seq., by discriminating against him on the basis of race and/or religion in
prohibiting Plaintiff from praying in the LA Fitness locker room. For relief, he seeks declaratory
and injunctive relief, as well as monetary damages.
In the Motion for Partial Summary Judgment (Doc. 25), Defendants argue they are
entitled to summary judgment on Plaintiff’s claim for monetary damages. According to
Defendants, the plain language of Title II of the Civil Rights Act limits the remedies available to
Plaintiff to injunctive relief. On this basis, Defendants move for summary judgment with respect
to Plaintiff’s claim for monetary damages.
In response, Plaintiff acknowledges that monetary damages are not permitted in Title II
actions. However, Plaintiff argues that he is not precluded from pursuing monetary damages in
other claims arising from the allegations set forth in the First Amended Complaint. Plaintiff

indicates that he intends to move the Court for leave to amend the complaint to add additional
claims for which monetary damages are available after conducting discovery.
Defendants’ Motion for Partial Summary Judgment (Doc. 25) is GRANTED as to
Plaintiff’s request for monetary damages under Title II of the Civil Rights Act. As argued by
Defendants, monetary damages are not recoverable in an action brought under Title II. Newman
v. Piggie Park Enterprises, Inc., 390 U.S. 400, 401–402 (1968) (“When a plaintiff brings an
action under [Title II], he cannot recover damages.”); Watson v. Fraternal Order of Eagles, 915
F.2d 235, 241 (6th Cir. 1990) (“Title II only permits the issuance of an injunction and
declaratory relief.”). If Plaintiff decides to pursue other claims after conducting discovery he
may move the Court for leave to file a second amended complaint at that time.
IT IS SO ORDERED.

S/Susan J. Dlott
Susan J. Dlott, Judge
United States District Court

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