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Court rules lawsuit against Michigan Kohl’s can go forward

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A federal lawsuit against two Detroit-area Kohl’s department stores can go forward. The stores in Novi and Northville are accused of violating the Americans with Disabilities Act.

Daimeon Mosley from Arizona says their bathrooms are not accessible.

A lower court said that Mosley did not have standing and his case could not go forward. The court said that’s because Mosley is not from Michigan and he had only been to the stores once.

Mosley argued that he does because he has family in Michigan and is likely to return to the Kohl’s department stores.

The majority of the appeals court agreed with Mosley and now the case can go forward. 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.

“It’s discount standing,” McKeague wrote. “And while 20% off works for Kohl’s, it doesn’t work for the Constitution.”

Before becoming the newest Capitol reporter for the Michigan Public Radio Network, Cheyna Roth was an attorney. She spent her days fighting it out in court as an assistant prosecuting attorney for Ionia County. Eventually, Cheyna took her investigative and interview skills and moved on to journalism. She got her masters at Michigan State University and was a documentary filmmaker, podcaster, and freelance writer before finding her home with NPR. Very soon after joining MPRN, Cheyna started covering the 2016 presidential election, chasing after Donald Trump, Hillary Clinton, and all their surrogates as they duked it out for Michigan. Cheyna also focuses on the Legislature and criminal justice issues for MPRN. Cheyna is obsessively curious, a passionate storyteller, and an occasional backpacker. Follow her on Twitter at @Cheyna_R
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