Velasquez v. BMZ EV LLC

Background

Ricardo Velasquez sued BMZ EV LLC, doing business as Banh Mi Zon, and Lelds Associates LLC. The complaint alleged that the defendants’ failure to make their premises accessible to disabled persons violated the Americans with Disabilities Act and the New York City Human Rights Law.

Standing issue

The court explained that standing is the constitutional requirement that a plaintiff show a concrete and particularized injury that is actual or imminent, fairly traceable to the defendant’s conduct, and likely to be remedied by a favorable court decision. Standing is a threshold issue, meaning the court must address it before deciding the underlying claims. If a plaintiff lacks standing, the federal court lacks authority to hear the claims.

For an Americans with Disabilities Act claim seeking injunctive relief—a court order requiring a defendant to do or stop doing something—the plaintiff must allege a past injury under the statute, 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. The complaint must plausibly allege a real and immediate threat of future injury.

Order

The court stated that the complaint likely failed to adequately allege standing. Judge Valerie Caproni ordered Velasquez, no later than September 7, 2022, to seek permission to file an amended complaint that adequately alleges standing or show cause—provide a sufficient explanation—as to why the case should not be dismissed for lack of standing. The order did not dismiss the case.