1:25-cv-10403•Porter v. Wu et al
Gesamter Gesetzestext
United States District Court District of Massachusetts Eric J. Porter, Plaintiff, v. Michelle Wu, et al., Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 25-10403-NMG MEMORANDUM & ORDER GORTON, J . This case arises from efforts by the City of Boston to limit the spread of the disease during the COVID- 19 pandemic . Plaintiff Eric Porter ( "p laintiff " or " Porter " ) has brought claims against Michelle Wu , pe rs onally and in her capacity as Mayor of Boston , Dr . Bisola Ojikutu , personally and in he r capacity as Director of the Boston Public Health Comm is sio n (the " BPHC " ) and Kathleen Joyce , personally and in her capacity as Commissioner of the Boston Licensing Board (the " BLB " ) (collectively , " defendants " ) related to their actions in implementing Boston ' s COVID- 19 ordinances . Before the Court are defendants ' Motions to Dismiss (Docket Nos . 14 and 17) for lack of constitutional standing . motions will be allowed . For the following reasons , those - 1- Case 1:25-cv-10403-NMG Document 25 Filed 03/09/26 Page 1 of 6
I. Background
A. Facts
In December , 2021 , defendant Ojikutu signed an order for
the BPHC (" the Order " ) requiring individ u als to show proof of
vaccination against COVID- 19 in order to enter covered spaces
such as restaurants and indoor fitness centers . The Order ,
which took effect in January , 2022 , required businesses to
ensure that customers were vaccinated before they were allowed
entry and imposed a $300 fine upon a business for each
violation .
Eric Porter (" plaintiff " or " Porter " ) is a 27 - year - old
resident of Boston , Massachusetts , who lives alone . After the
effective date or the Order , plaintiff asserts that he was
denied entry into several Boston restaurants in January , 2022 ,
and was required to cancel his gym membership . 1 Porter complains
that he was then subject to extreme isolation for 34 days ,
during which he suffered trauma akin to solitary confinement ,
emotional distress and injury to his physical and mental health .
Plaintiff ' s claims , which are numerous , are purportedly
brought on his own behalf and on behalf of a proposed class of
residents of Boston who were denied access to public
accommodations or who were coerced into having to be vaccinated
1 The Amended Complaint d oe s not c l ai m th a t pl a i n t i ff i s unva cc i na te d o r was
una b le to p rovi d e pr o of o f vacci nation a t a ny e stabl i shm e nt .
-2-
Case 1:25-cv-10403-NMG Document 25 Filed 03/09/26 Page 2 of 6because of Boston ' s COVID- 19 vaccine mandate . Porter alleges violations of his rights under the First , Fourth , Fift h and Fourteenth Amendments to the United States Constitution , as well as numerous state and federa l statutes . He further alleges that the Order is based upon false information regarding the efficacy of the COVID - 19 vaccines and seeks monetary damages , declaratory judgment and injunctive relief . Defendants have f iled motions to dismiss the complaint (Docket Nos . 14 and 17) under Fed . R . Civ . P . 12(b) (1) and 12(b) (6) , and plaintiff his filed his opposition to both motions , albeit one day late . II . Motions to Dismiss A . Legal Standard De fendants move to dismiss the complaint for lack of consti t utional standing pursuant to Rule 12(b) (1) . Under Article III of the United States Constitution , a plaintiff who seeks to bring a claim in federal court must establish that 1) he has suffer e d an injury in fact that is 2) fairly traceable to the defendants ' action and is 3) redressab l e by a favorable dec i sion . Lujan v . Def . of Wildlife , 504 U. S . 555 , 560-61 ( 199 2 ) . B. Application Defendants aver that plaintiff cannot meet any of the three requirements f or standing . They argue that Porter ' s grievances - 3 - Case 1:25-cv-10403-NMG Document 25 Filed 03/09/26 Page 3 of 6
.. with the Order are not particularized to himself and instead restate concerns that affected the public at large . Defendants further assert that , even if plaintiff has suffered an injury in fact , his injuries are not fairly traceable to defendants ' actions . Finally , defendants respond that the requested relief cannot redress plaintiff ' s nonexistent injuries . i. Injury in Fact To establish injury in fact , plaintiff must show the invasion of a legally protected interest that is concrete and partialized to him. Spokeo , Inc . v . Robins , 578 U. S . 330 , 339 (2016). A generalized grievance that affects a large number of people is insufficient to show a particularized injury . Hollingsworth v . Perry , 570 U. S . 693 , 706 (2013) Here , plaintiff has pled an injury in fact . He alleges that he was denied entry to the White Horse Tavern and Model Cafe on January 15 and 16 , 2022 and that he was forced to self- isolate and cancel his gym membership . Plaintiff has a legal interest in accessing public accommodations and he has alleged facts that , if true , would establish a violation of such interest . See Kaiser v . Kirchick , 662 F . Supp . 3d 76 , 96 (D . Mass . 2 0 2 3) . Plaintiff has therefore alleged injuries sufficiently concrete and particularized to satisfy Article III standing . -4- Case 1:25-cv-10403-NMG Document 25 Filed 03/09/26 Page 4 of 6
ii. Traceability To establish traceability , plaintiff must allege a sufficiently direct causal connection between the challenged action and his injury , R&D Master Enter ., Inc . v . Fin . Oversight & Mgmt . Bd . for Puerto Rico , 75 F . 4th 41 , 4 7 (1st Cir . 2023) , but an injury that relies on the actions of a third party is less likely to be traceable to defenda n ts ' actions , Delaney v . Baker, 511 F . Supp . 3d 55 , 68 (D . Mass . 2021) . In the context o f a COVID - 19 regu1~tion of p u blic establishments , courts have found that injuries are traceable to government action only when an establishment ' s restriction would not have been imposed absen t the challe nged order . . See , ~ . id . at 70 ; Cottone v . City of Bos ., No . 1 : 22 - CV - 10285 - AK , 2 023 WL 168728 , at *5 n . 1 (D . Mass . Jan . 11 , 2023) . Moreover , plaintiff cannot manufacture standing by merely inflicting harm upon himself . Clapper v . Amnesty I n t ' l USA , 568 U. S . 398 , 418 (2013) . H~re , the Court concludes that Porter has failed to al l ege injuries that can be fairly traced to the actions of Boston officials . First , he does not allege why he was denied entry to the establishments . Nor does he claim t6 have ever been asked for hi s v~ccination records by any establishment , let alone d enied entry for his lack t hereof . He does not even claim to have been un vac cinated at the time of his denials . Even if the Court were to draw these inferences in his favor , however , - 5 - Case 1:25-cv-10403-NMG Document 25 Filed 03/09/26 Page 5 of 6
plaintiff has not alleged that White Horse Tavern or Model Caf~ would not have excluded him absent the city ordinance. Plaintiff has therefore failed to demonstra t e that any alleged injuries he suffered are traceable to defendants ' conduct . Finally , p l ainti ff has also failed to show t hat his social isolation is traceable to government action . He has not alleged that any government order fo rced him to stay indoors or cancel his gym membership . Because such alleged injuries are entirely s e lf - inflicted , he has failed t o sh ow how they could be traceable to defendants ' cond uc t . iii . Redressability Because plaintiff has failed to demonstrate that his injurie s are sufficiently tr aceable to defendants ' actions , the Court declines to address the r edressability of his claims . ORDER Fo r the fo rgoing reasons , defendants ' Motions to Dismiss (Do cke t Nos . 14 and 17) are ALLOWED and the case is DISMISSED. So ord e red. Nat hanie l M. Gorton Senior United States District Judge Dated : March 7 , 2026 - 6- Case 1:25-cv-10403-NMG Document 25 Filed 03/09/26 Page 6 of 6
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