Matzura v. Red Lobster Hospitality LLC

Background

Steven Matzura brought a proposed class action against Red Lobster Hospitality LLC under the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. Matzura alleged that he is blind and that Red Lobster discriminated against him by failing to sell gift cards containing Braille or another auxiliary aid. He sought an injunction requiring accessible gift cards, damages, and attorneys’ fees.

Matzura alleged that he had previously been a customer at Red Lobster stores and intended to buy a gift card and use it at a Red Lobster restaurant once accessible gift cards became available. He also alleged that he lived on 23rd Street in New York City, which he described as close to the Red Lobster restaurant in Times Square.

Red Lobster moved to dismiss the First Amended Complaint under Federal Rule of Civil Procedure 12(b)(1), which addresses the court’s subject-matter jurisdiction, and Rule 12(b)(6), which addresses whether a complaint states a legally sufficient claim.

Standing analysis

The court held that Matzura had not established standing, meaning a sufficient personal stake to bring the case in federal court. A plaintiff seeking an injunction must show a real and immediate threat of future injury, not merely a past injury. In disability-access cases, the court explained, the plaintiff generally must allege a past injury, facts suggesting the challenged treatment will continue, and facts supporting an intention to return to the location involved.

The court found Matzura’s allegations about returning to Red Lobster too conclusory. The amended complaint did not say when he had visited a Red Lobster restaurant, how many times he had visited, how long ago the visits occurred, which location he had visited, where on 23rd Street he lived, or whether he routinely traveled to Times Square. The court concluded that these allegations did not plausibly show that he intended to return to a particular Red Lobster location.

The court also held that the complaint did not explain how the absence of Braille or otherwise accessible gift cards created a barrier to accessing a Red Lobster restaurant. It stated that a gift card is typically given to another person and is not ordinarily understood to help the buyer frequent an establishment. The court therefore found that Matzura had not alleged a sufficiently personal injury or deterrent to visiting a Red Lobster restaurant.

The court stated that the standing requirements for Matzura’s New York State and New York City claims were the same as those for his Americans with Disabilities Act claims. Because Matzura lacked standing, the court did not address the merits of his discrimination allegations under Rule 12(b)(6).

Disposition

The court granted Red Lobster’s motion to dismiss. It dismissed the case without prejudice for lack of standing, meaning the dismissal did not bar Matzura from seeking to pursue the case again. Because Matzura had been alerted to the standing problems by Red Lobster’s earlier motion but had not corrected them in the First Amended Complaint, the court gave him one final opportunity to request permission to amend. Any such request had to include a proposed Second Amended Complaint that addressed the standing issues.