United States District Court, M.D. Tennessee, Nashville Division
REPORT AND RECOMMENDATION
JULIET GRIFFIN, Magistrate Judge.
By Order entered August 1, 2014 (Docket Entry No. 45), the Defendant's Motion to Dismiss (Docket Entry No. 42) was referred to the Magistrate Judge for a Report and Recommendation. For the reasons set out below, the Court recommends that the motion be denied.
The Plaintiff is a paraplegic who relies on a wheelchair to ambulate. On October 1, 2013, he brought this action for declaratory and injunctive relief pursuant to Title III of the Americans With Disabilities Act, 42 U.S.C. §§ 12181 et seq. ("ADA"), alleging that he is a qualified individual with a disability under the ADA and seeking the removal of alleged architectural barriers at a place of public accommodation owned and operated by Donelson Building Owners, Inc. ("Donelson"). The place of public accommodation in question is a strip mall/shopping plaza located at 2710 and 2720 Old Lebanon Pike, Nashville, TN ("the Donelson Plaza"). The Donelson Plaza actually consists of two buildings separated by a public roadway that are leased to several different tenants. At the time the Complaint was filed, the building at 2710 Old Lebanon Pike was leased to Strike and Spare, Family Fun Center, Horner Rausch, Erica's Tailoring, Reed's Barbour, Rick's Comics, East Gate, Southern Thrift, Deals, and Salon Professional Academy and the building at 2720 Old Lebanon Pike was leased to S&S Framing and Gifts, GNC, Hairs to you Salon, Golden Nails, My Greek Deli, Running for Cover, Fabulous Fred, and Titan Tattoos. See Complaint (Docket Entry No. 1), at ¶ 11.
The Plaintiff alleges that he encountered the following barriers to access in violation of the ADA and its implementing regulations:
(1) no accessible route connecting the two buildings;
(2) a protruding curb ramp into the access aisle, which was not wide enough, in front of Suite 116;
(3) no signage at the accessible parking space in front of Fabulous Fred, an access aisle that was too narrow and a curb ramp that was very steep and dangerous;
(4) an access aisle in front of S&S Framing that was too narrow, a parking space that was too narrow and had a steep running slope, and a curb ramp that protruded into the access aisle that was too steep and very dangerous;
(5) no signage at the accessible parking spaces directly across from Ace Hardware,  badly faded access aisles and an access aisle that was not wide enough;
(6) access aisles that were too narrow and cross slopes that were too steep at the parking spaces across from Erica's Tailoring;
(7) a sidewalk between Bartending School and the Salon Professional Academy that rose such that it was a ramp with no handrails provided on either side;
(8) a built up curb ramp with flared sides that was too steep and required people to empty into the vehicular way in front of the Salon Professional Academy;
(9) accessible parking spaces with very steep cross slopes and a grate in the parking space access aisle ...