Lopez v. Darden Restaurants, Inc.
- Lorna Schofield
- 1:19-cv-09888-LGS
- U.S. District Court · Southern District of New York
- 4
In Lopez v. Darden Restaurants, Inc., Judge Schofield granted Darden permission to file a motion to dismiss Lopez’s amended complaint.
Victor Lopez and Darden Restaurants, Inc.; the case proceeds to briefing on Darden’s proposed motion to dismiss.
What happened
In Lopez v. Darden Restaurants, Inc., Darden asked to file a motion to dismiss Victor Lopez’s amended disability-discrimination complaint. Lopez alleges that Darden’s restaurant gift cards are inaccessible because they do not contain Braille.
Darden’s proposed motion argues that the complaint does not adequately state claims under the Americans with Disabilities Act, New York law, and New York City law. Darden also argues that Lopez lacks the required legal basis to seek an order requiring changes to Darden’s gift cards.
Judge Lorna G. Schofield granted Darden’s request to file the motion and set deadlines for the motion, Lopez’s response, and Darden’s reply. The order did not decide whether the complaint should be dismissed.
The detailed version
- Lopez v. Darden Restaurants, Inc. · No. 1:19-cv-09888-LGS
- Lorna Schofield
- Feb. 25, 2020
Background
Victor Lopez brought a disability-discrimination case against Darden Restaurants, Inc., doing business as LongHorn Steakhouse, and sought to represent similarly situated people. According to Darden’s letter, Lopez alleges that he could not purchase a gift card connected to Darden’s physical restaurants because the gift cards did not contain Braille. The claims asserted in the amended complaint are under Title III of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. Lopez seeks an order requiring Darden to provide accessible gift cards and related information.
Darden’s proposed arguments
Darden asked for permission to file a motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), which concerns whether a complaint adequately states a legal claim, and Rule 12(b)(1), which concerns the court’s authority to hear a claim. Darden argued that the amended complaint did not clearly identify the legal theory for its claims and that, under several possible theories, gift cards are goods that the Americans with Disabilities Act does not require Darden to alter. Darden also argued that the law does not specifically require Braille if another method provides effective communication, that the complaint did not plausibly allege that Lopez requested or was denied another effective aid, and that Lopez did not adequately allege an access barrier or an intent to return to Darden’s restaurant locations.
These were Darden’s proposed grounds for a future motion. The opinion does not decide whether any of those arguments is correct or whether Lopez’s claims should be dismissed.
Ruling
Judge Lorna G. Schofield granted Darden’s request to file a motion to dismiss the First Amended Complaint. The order required Darden to file the motion and supporting memorandum by March 16, 2020; Lopez to file his opposition by April 6, 2020; and Darden to file its reply by April 27, 2020. The Clerk of Court was directed to close Docket Nos. 24 and 21.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.