Delacruz v. The Yankee Candle Company, Inc.

Background

Emanuel Delacruz brought the action on behalf of himself and other similarly situated people. He alleged that The Yankee Candle Company, Inc. violated Title III of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law by failing to sell gift cards with Braille writing or provide an alternative auxiliary aid or service. Delacruz alleged that he contacted the company on November 18, 2019, asked whether it sold Braille gift cards, and was told that it did not. He sought injunctive and declaratory relief.

Motion and governing standards

The company moved to dismiss under Federal Rule of Civil Procedure 12(b)(1) for lack of standing and, alternatively, under Rule 12(b)(6) for failure to state a claim. The court adopted the legal standards from its recent order in a prior related proceeding involving nearly identical allegations.

Standing

The court held that Delacruz lacked standing to bring his Americans with Disabilities Act claims. It stated that he satisfied the first two elements of the standing inquiry but failed to allege enough facts showing that he intended to return to the company’s stores. Although he alleged that he lived close to one store, had previously been a customer, and intended to buy an accessible gift card when one became available, he did not allege that he regularly shopped at stores like the company’s, enjoyed particular products sold by the company, or provide the address of a company location he had previously visited. The court therefore could not reasonably infer that he intended to return.

The court stated that the New York State and New York City claims use the same standing requirements as the Americans with Disabilities Act. Because Delacruz lacked standing under the federal law, the court concluded that he also lacked standing under those state and city laws.

Alternative merits discussion and declaratory relief

The court stated that, if it considered the merits, Delacruz’s Americans with Disabilities Act claim would also fail under Rule 12(b)(6) for the reasons identified in the prior related proceeding. The court further stated that it would decline supplemental jurisdiction over the state and city claims if the federal claims were dismissed on that basis.

Separately, the court held that Delacruz’s request for declaratory relief was duplicative of his other claims and granted the motion to dismiss that claim.

Disposition and amendment

Judge Analisa Torres granted the company’s motion to dismiss the Americans with Disabilities Act, New York State Human Rights Law, and New York City Human Rights Law claims. The court also granted the motion to dismiss the declaratory-relief claim. The conclusion states that the motion was granted and the complaint was dismissed.

The court did not itself grant leave to amend. It allowed Delacruz to seek leave to amend the first amended complaint by filing a letter motion explaining how a second amended complaint would cure the deficiencies identified in the order and attaching a draft. The letter motion was due by April 15, 2021.