Velazquez v. The Learning Journey International, LLC

Background

Bryan Velazquez sued The Learning Journey International, LLC, on behalf of himself and all others similarly situated. He alleged that the defendant’s failure to make its website accessible to visually impaired persons violated the Americans with Disabilities Act (ADA) and the New York City Human Rights Law.

Standing

The court addressed constitutional standing, which is the requirement that a plaintiff show a concrete and particularized injury, a connection between that injury and the defendant’s conduct, and a likelihood that a favorable court decision would address the injury. The court explained that it could consider standing on its own because standing is a threshold issue affecting the court’s authority to hear the case.

For an ADA claim seeking injunctive relief—an order requiring the defendant to take or stop taking certain actions—the court stated that the plaintiff must allege a past ADA injury, facts supporting a reasonable inference that the discriminatory treatment will continue, and facts supporting a reasonable inference that the plaintiff intends to return to the location or otherwise faces a real and immediate future injury. The court cited the Second Circuit’s decision in Calcano, which held that conclusory, boilerplate allegations about failure to accommodate visually impaired plaintiffs were insufficient to establish standing.

Order

The court stated that the complaint in this case likely failed to adequately allege standing because its allegations were at least as conclusory as those rejected in Calcano. The court did not dismiss the case in this order. Instead, it ordered Velazquez, by September 2, 2022, to file an amended complaint that adequately alleged standing or show cause—explain why—the case should not be dismissed for lack of subject-matter jurisdiction.