Justice opines “discount standing” in lawsuit against Michigan Kohl’s
An Arizona man can continue his lawsuit against a Michigan Kohl’s department store.
The lawsuit claims two Detroit-area Kohls locations did not have wheelchair accessible bathrooms.
The issue was whether Daimeon Mosley has standing. Meaning, is he connected to Michigan enough to possibly have a future harm. Mosley argued that he does because he has family in Michigan, and is likely to return to the Kohls locations. The majority of the Appeals Court agreed with Mosley.
But Judge David McKeague disagreed in a sometimes sarcastic dissent. He wrote “Who plans on going to a suburban Kohl’s on a trip to Detroit?”
McKeague said the majority’s opinion could open up the floodgates to people filing lawsuits despite it being very unlikely they would suffer an injury in the future.
He said, quote, “It’s discount standing. And while 20% off works for Kohl’s, it doesn’t work for the Constitution.”