Thorne v. Formula 1 Motorsports, Inc.

Background

Braulio Thorne sued Formula 1 Motorsports, Inc. under Title III of the Americans with Disabilities Act (ADA), New York State law, and New York City law. He also sought declaratory relief. Thorne alleged that he is legally blind, requires screen-reading software to read online content, and encountered accessibility barriers on Formula 1’s website. The alleged barriers included images without alternative text, empty links, and redundant links.

Formula 1 was served with the summons and complaint but did not file an answer or otherwise appear. The Clerk of Court entered a certificate of default, and Thorne moved for default judgment.

Default Judgment Standard

A default judgment may be entered when a defendant fails to plead or otherwise defend against a claim. A default generally treats well-pleaded factual allegations as admitted, but the court must still determine whether those facts establish legal liability.

Liability

The court concluded that Thorne’s complaint stated a Title III ADA violation. It found that Thorne’s blindness qualified as a disability, that Formula 1’s website was a place of public accommodation, and that the alleged website barriers plausibly denied Thorne a full and equal opportunity to use the website. The court noted that its own review of the website was inconclusive: it found at least some images without alternative text but did not find redundant or empty links. Because the website was not clearly inconsistent with Thorne’s allegations, the court relied on the complaint’s description.

The court also concluded that Thorne stated a claim under the New York State Human Rights Law because disability-discrimination claims under that law use the same legal standards as ADA claims. It further concluded that he stated a claim under the New York City Human Rights Law, which is interpreted independently and liberally.

Relief

The court granted Thorne’s request for injunctive relief under the ADA. Formula 1 was ordered to take all necessary steps to bring its website into compliance with the ADA and its implementing regulations within 60 days of the order’s entry.

The court awarded Thorne $500 in compensatory damages under state and city law. Although a plaintiff seeking damages after a default judgment must prove them with reasonable certainty, the court found that Thorne’s alleged harm from being unable to access the website warranted compensation.

The court did not award attorney’s fees and costs in the order. Instead, it directed Thorne to file a properly documented motion for those fees and costs within 30 days of the order’s entry.

Disposition

Judge James Oetken granted Plaintiff’s motion for entry of default judgment. The order awarded $500 in compensatory damages, required Formula 1 to bring its website into ADA compliance within 60 days, and directed Thorne to file any motion for attorney’s fees and costs within 30 days.