Thorne v. Boston Market Corporation

Background

Braulio Thorne, who is legally blind and requires Braille to read written material, sued Boston Market Corporation on behalf of himself and other similarly situated people. He alleged that Boston Market violated Title III of the Americans with Disabilities Act (ADA), as well as state and municipal law, by failing to sell Braille-embossed or otherwise accessible gift cards.

Thorne alleged that he called Boston Market’s customer service office on October 21, 2019, asked whether it sold gift cards containing Braille, and was told that it did not. He alleged that the employee did not offer another auxiliary aid or service. Thorne also alleged that he could not independently determine information such as a card’s balance, terms, conditions, or branding, and that he intended to buy and use a gift card if Boston Market offered an accessible version.

Boston Market moved to dismiss under Federal Rule of Civil Procedure 12(b)(1), arguing that Thorne lacked standing, and under Rule 12(b)(6), arguing that the complaint did not state a plausible claim.

Standing

The court denied the Rule 12(b)(1) motion. It held that Thorne plausibly alleged an injury under the ADA because he encountered the alleged barrier when he tried to obtain a Braille gift card. The court explained that, in the ADA context, awareness of discriminatory conditions and avoiding a public accommodation because of those conditions can constitute an injury.

The court also found that Thorne plausibly alleged a continuing injury and an intent to return. His allegations that Boston Market did not sell accessible gift cards, that he had previously been a customer, that he lived less than a block from one Boston Market restaurant, and that he intended to buy and use an accessible gift card were sufficient at the pleading stage. The court was not persuaded that his filing of similar cases against other retailers defeated standing.

ADA Merits

The court then reached the merits of the ADA claim and granted the Rule 12(b)(6) motion.

First, the court rejected Thorne’s argument that a gift card is itself a “place of public accommodation.” The court reasoned that the ADA’s definition concerns entities such as restaurants and other establishments, while a gift card is a product sold by such an establishment. A gift card is something with which a consumer can make a purchase, not a place on or in which the consumer makes a purchase.

Second, the court held that gift cards are goods sold by Boston Market. Under the ADA and its implementing regulations, a public accommodation must make its facilities and sales operations accessible, but it is not generally required to change its inventory to include special or accessible goods. Applying that principle, the court ruled that Boston Market was not required to stock Braille-embossed or otherwise accessible gift cards.

Third, the court rejected Thorne’s claim that Boston Market failed to provide required auxiliary aids or services. The court explained that the ADA’s auxiliary-aid requirement is flexible and does not necessarily require the particular aid requested by a person with a disability, so long as the public accommodation provides effective communication. Because Thorne focused on the absence of Braille and did not ask Boston Market about other possible assistance, the court found his allegations about other auxiliary aids too conclusory to state a claim.

State and Municipal Claims

After dismissing the federal ADA claim, the court declined to exercise supplemental jurisdiction over Thorne’s state and municipal claims. Supplemental jurisdiction permits a federal court to hear related state-law claims, but the court may decline that jurisdiction after dismissing all claims over which it had original federal jurisdiction.

Disposition

The court denied Boston Market’s Rule 12(b)(1) motion and granted its Rule 12(b)(6) motion. The conclusion states that Boston Market’s Rule 12(b)(6) motion is granted and directs the Clerk of Court to terminate the motions listed at docket entries 14 and 19.