Keung v. Tea Two Tea LLC

Background

Lin Kwok Keung sued Tea Two Tea LLC and Zemund Realty Corp. He alleged that he was denied full and equal access to, and enjoyment of, facilities at the defendants’ property in violation of the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law.

Standing

The court explained that constitutional standing requires a plaintiff to allege an injury that is concrete and particularized, actual or imminent, fairly traceable to the defendant’s conduct, and likely to be remedied by a favorable decision. For an Americans with Disabilities Act claim seeking an order requiring future compliance, a plaintiff must allege a past injury, facts supporting a reasonable inference that the discriminatory treatment will continue, and facts supporting an intent to return to the location. The court also noted that the Second Circuit has rejected conclusory, boilerplate allegations that do not establish a real and immediate threat of future injury.

The court stated that Keung’s allegations likely failed to adequately establish standing because they were at least as conclusory as the allegations rejected in that Second Circuit decision.

Order

The court ordered Keung, no later than September 6, 2022, to file an amended complaint that adequately alleges standing or show cause—explain why—the case should not be dismissed for lack of standing. This order did not itself dismiss the case.