Sarwar v. 3108 Linden Hotel Inc.
- James Oetken
- 1:20-cv-10608
- U.S. District Court · Southern District of New York
- 3
Sarwar v. 3108 Linden Hotel Inc.: Judge Oetken granted Sarwar’s default-judgment motion and ordered website accessibility changes under the Americans with Disabilities Act.
Saim Sarwar and Linden Hotel. The order requires Linden Hotel to change its reservation websites and provide specified accessibility information and booking features.
What happened
In Sarwar v. 3108 Linden Hotel Inc., Saim Sarwar alleged that the hotel’s reservation websites did not identify or allow booking of accessible rooms or provide enough accessibility information. He asserted claims under the Americans with Disabilities Act and New York’s Human Rights Law.
The hotel did not answer or otherwise defend the lawsuit after being served. The court accepted the complaint’s properly pleaded factual allegations and concluded that Sarwar had standing to sue as a disability-access tester. The court also concluded that the allegations established the hotel’s legal liability.
Judge Oetken granted Sarwar’s motion for default judgment. The order requires the hotel to make its websites comply with the Americans with Disabilities Act, post photographs of accessible rooms and common areas, and identify accessible rooms and make them bookable like other rooms, all within 60 days.
The detailed version
- Sarwar v. 3108 Linden Hotel Inc. · No. 1:20-cv-10608
- James Oetken
- Mar. 28, 2022
Background
Saim Sarwar sued Linden Hotel under the Americans with Disabilities Act (ADA), 42 U.S.C. § 12181 et seq., and the New York State Human Rights Law. Sarwar alleged that he is an individual with disabilities who uses assistive devices to walk. He described himself as a tester who reviews places of accommodation and their websites for ADA compliance.
Before filing the lawsuit, Sarwar visited Linden Hotel’s reservation websites to assess their accessible features and whether they met his accessibility needs. He alleged that the websites did not identify or allow reservations for accessible guest rooms and did not provide enough information about accessibility at the hotel. He alleged that these deficiencies deprived him of the same treatment available to the general public.
Default and standing
Linden Hotel was served on February 19, 2021, and its answer was due March 12, 2021. It did not answer or otherwise defend the case. The clerk entered a certificate of default on March 23, 2021, and Sarwar moved for default judgment.
A default judgment is a judgment entered when a defendant fails to defend. The court explained that default accepts the complaint’s well-pleaded factual allegations as true, but the court must still decide whether those allegations establish the defendant’s legal liability. The court also concluded that Sarwar had standing under Article III of the Constitution. Relying on a recent Second Circuit decision, the court stated that testers have standing when they allege unequal treatment based on a protected characteristic and identify how a website violated ADA regulations or discriminated against disabled people. The court found that Sarwar had made those allegations.
Ruling and relief
The court concluded that Linden Hotel’s liability had been established as a matter of law and granted Sarwar’s motion for default judgment. The judgment requires Linden Hotel to:
- Remediate its websites to comply with the ADA;
- Post photographs of the interior of each designated accessible room and the common areas; and
- Identify accessible rooms on its websites and make them available for booking in the same manner as non-accessible rooms.
Linden Hotel must comply within 60 days after entry of the order. The court retained jurisdiction over Sarwar’s attorney’s fees, and any fee motion had to be filed within 90 days after entry of the order. The clerk was directed to close the motion, and Sarwar was directed to mail the order to Linden Hotel and the New York Secretary of State.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.