Summary
The court grants Defendant Fleming’s Prime Steakhouse and Wine Bar’s motion to dismiss Plaintiffs’ Missouri Human Rights Act public-accommodation discrimination claims. The court concludes that Plaintiffs failed to allege exhaustion of administrative remedies and, alternatively, failed to plead that they belonged to a protected class or that protected-class status contributed to the alleged discrimination.
Holdings
- The complaint was subject to dismissal because plaintiffs failed to demonstrate that they exhausted the MHRA's mandatory administrative remedies before filing suit.
- The complaint failed to state an MHRA discrimination claim because plaintiffs did not plead that they were members of a protected class or identify the race on which the alleged discrimination was based.
Questions Presented
- Whether the complaint was subject to dismissal because plaintiffs failed to allege exhaustion of the Missouri Human Rights Act's administrative remedies.
- Whether the complaint stated a Missouri Human Rights Act public-accommodation discrimination claim when it did not identify plaintiffs' protected-class status or allege facts showing that protected-class status was a contributing factor in the alleged discrimination.
Disposition
dismissed
Cases Cited (8)
- Johnson v. McDonald Corp., 542 F. Supp. 3d 888, 890 (E.D. Mo. 2021)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009)(followed)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)(followed)
- Torti v. Hoag, 868 F.3d 666, 671 (8th Cir. 2017)(followed)
- Jeffery v. St. Louis Fire Dep't, 506 S.W.3d 394, 398 (Mo. App. 2016)(followed)
- Stuart v. Gen. Motors Corp., 217 F.3d 621, 630 (8th Cir. 2000)(followed)
- M.N. by & Through S.N. v. N. Kansas City Sch. Dist., 597 S.W.3d 786, 792 (Mo. Ct. App. 2020)(followed)
- Appleberry ex rel. R.M.A. v. Blue Springs R-IV Sch. Dist., 568 S.W.3d 420, 430 (Mo. banc 2019)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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