Thorne v. Jersey Mike's Franchise Systems, Inc.

Background

Braulio Thorne alleged that Jersey Mike’s Franchise Systems, Inc. sold gift cards but did not offer Braille gift cards or other alternative aids for blind and visually impaired customers. He said he contacted Jersey Mike’s customer service on October 23, 2019, was told that the company did not sell Braille gift cards, and was not offered an alternative aid or service. He also alleged that he later tried unsuccessfully to find accessible Jersey Mike’s gift cards.

Thorne sued under the Americans with Disabilities Act (ADA), the New York State Human Rights Law, and the New York City Human Rights Law. He sought compensatory and punitive damages, an injunction requiring changes to Jersey Mike’s gift-card policies, and attorney’s fees. Jersey Mike’s moved to dismiss under Federal Rule of Civil Procedure 12(b)(1), which addresses subject-matter jurisdiction, and Rule 12(b)(6), which addresses whether a complaint states a legally sufficient claim.

Court’s Analysis

The court held that Thorne lacked standing to assert his ADA claim. Standing is the legal requirement that a plaintiff show a sufficient personal connection to the alleged injury. The court found that Thorne had not provided enough evidence of his intent to return to Jersey Mike’s. Although he alleged that he lived in New York, was near a Jersey Mike’s restaurant in the Bronx, had previously visited Jersey Mike’s, and intended to buy an accessible gift card when one became available, the court found those allegations too general. The court noted that Thorne did not allege facts such as frequent visits to sandwich shops near the relevant restaurant or routine travel to the Bronx for fast-food establishments.

The court also stated that Thorne’s ADA claim would fail under Rule 12(b)(6) for the reasons discussed in the related Banana Republic opinion. It found no substantive difference between the complaints or briefing in the two cases that would require a different result.

Because the court would dismiss the ADA claims, it did not conduct a substantive analysis of the New York State Human Rights Law or New York City Human Rights Law claims. Instead, it said it would decline supplemental jurisdiction, meaning it would not decide those state and city claims in the same federal case.

Disposition

Judge Gregory H. Woods granted Jersey Mike’s motion to dismiss. The court allowed Thorne fifteen days to file a second amended complaint alleging additional facts about his interactions with Jersey Mike’s. The opinion stated that, if no amended complaint were filed within that period, the court would enter a final judgment of dismissal and direct the Clerk of Court to close the case. The Clerk was also directed to terminate the motion at docket entry 24.