Summary
The court addresses whether Theresa McKenney and Shirley Patterson have standing to seek declaratory and injunctive relief against Exact Care Pharmacy, LLC, and whether the National Federation of the Blind has associational standing. The court holds that the individual plaintiffs plausibly demonstrated an intent to return to Exact Care and therefore have standing at this stage. The court also holds that the National Federation of the Blind satisfies the requirements for associational standing and denies the defendant’s related requests for dismissal.
Court
United States District Court for the Northern District of Ohio, Eastern Division
Jurisdiction
United States District Court for the Northern District of Ohio, Eastern Division
Decision date
November 26, 2025
Docket number
1:23-cv-2360
Disposition
other
Questions Presented
- Whether McKenney and Patterson demonstrated a real and immediate threat of future injury sufficient to seek declaratory and injunctive relief after they stopped using Exact Care's services.
- Whether the Rehabilitation Act and Affordable Care Act require a heightened future-injury standard in service-access cases beyond a plausible intent to return.
- Whether the National Federation of the Blind satisfied the constitutional and prudential requirements for associational standing.
- Whether the court should dismiss McKenney and Patterson's requests for declaratory and injunctive relief or permit a separate motion to dismiss.
Holdings
- Plaintiffs who no longer use a defendant's services may establish standing for prospective relief by plausibly alleging an intent to return to the noncompliant service or accommodation, together with a real and immediate threat of future injury; a definitive plan to return is not required at this stage.
- NFB has associational standing to pursue its claims for declaratory and injunctive relief.
- The court declined to impose a heightened intent-to-return standard merely because the claims arise under the Rehabilitation Act and Affordable Care Act and involve the delivery of services rather than architectural or structural barriers.
Court Document
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