Cromitie v. DD Digital Media, Inc.

Background

Seana Cromitie brought this proposed class action against DD Digital Media, Inc. She alleged that the defendant’s website was not accessible to visually impaired persons, violating the Americans with Disabilities Act and the New York City Human Rights Law. She requested injunctive relief, a declaratory judgment, damages, and pre- and post-judgment interest.

Standing issue

The court raised standing on its own because standing is a threshold requirement for a federal court to hear a case. To establish standing, a plaintiff must allege a concrete and particularized injury that occurred or is imminent, show that the injury was caused by the defendant’s conduct, and show that a favorable court decision is likely to remedy the injury.

For an Americans with Disabilities Act claim seeking an order requiring future changes, the plaintiff must allege a past 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 website at issue. The court emphasized that the plaintiff must plausibly allege a real and immediate threat of future injury. It cited a prior decision holding that conclusory, boilerplate allegations about the failure to accommodate visually impaired plaintiffs were insufficient to establish standing.

Order

The court stated that Cromitie’s complaint likely failed to adequately allege standing and that its allegations were at least as general as those rejected in the cited prior decision. It ordered Cromitie, by November 15, 2022, to move for permission to file an amended complaint that adequately alleges standing or show why the case should not be dismissed for lack of standing. The order did not dismiss the case.