Dominguez v. Taco Bell Corp.
- Lorna Schofield
- 1:19-cv-10172
- U.S. District Court · Southern District of New York
- 26
In Dominguez v. Taco Bell, Judge Schofield denied Taco Bell’s earlier dismissal motion after Dominguez filed an amended complaint, allowing another motion or an answer.
The ruling affects Yovanny Dominguez and Taco Bell Corp. The complaint also seeks to represent proposed classes of blind and visually impaired people, but the court did not decide whether those classes would be certified.
What happened
Dominguez v. Taco Bell Corp. is a proposed class action by Yovanny Dominguez, who is blind, alleging that Taco Bell’s gift cards are not accessible to blind and visually impaired customers. The complaint asserts claims under the Americans with Disabilities Act and New York State and City human-rights laws.
After Dominguez filed a first amended complaint, the court addressed Taco Bell’s earlier motion to dismiss. The order says that motion was denied and that Taco Bell could file another motion directed at the amended complaint or file an answer by March 10, 2020.
Judge Lorna Schofield did not decide whether Taco Bell violated the disability-discrimination laws or whether the proposed classes should be certified. The ruling was limited to the effect of the amended complaint and the next procedural step.
The detailed version
- Dominguez v. Taco Bell Corp. · No. 1:19-cv-10172
- Lorna Schofield
- Feb. 26, 2020
Background
Yovanny Dominguez filed a proposed class action against Taco Bell Corp. The amended complaint alleges that Taco Bell sells prepaid store gift cards that lack Braille or another effective aid for blind and visually impaired customers. According to the complaint, customers with visual impairments cannot independently identify the cards, read their terms, determine the card number or personal identification number, check the balance, or use the cards in the same manner as sighted customers.
The complaint asserts claims under Title III of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. It also seeks declaratory and injunctive relief, damages and other remedies under the New York laws, and certification of proposed nationwide, New York State, and New York City classes.
Order
The document is a first amended complaint accompanied by a short court order. The order states that, because of the amended complaint, Taco Bell’s motion to dismiss at Docket No. 23 was denied. It further states that Taco Bell could file a motion to dismiss or an answer directed at the amended complaint by March 10, 2020.
What the Court Decided
The court did not decide the merits of Dominguez’s accessibility allegations. It did not determine whether the gift cards violate the Americans with Disabilities Act or either New York law, and it did not rule on class certification. Judge Lorna Schofield’s ruling addressed the prior motion to dismiss and the procedural consequences of filing the amended complaint.
Read the full 26-page opinion on CourtListener, the free public archive maintained by the Free Law Project.