Velazquez v. Everlast Worldwide, Inc.

Background

Bryan Velazquez sued Everlast Worldwide, Inc. on October 27, 2022. He alleged that Everlast’s website was not accessible to visually impaired people, violating the Americans with Disabilities Act and the New York City Human Rights Law. He requested injunctive relief, a declaration, damages, and pre- and post-judgment interest.

Standing Issue

The court examined constitutional standing, which requires a plaintiff to show a concrete and particularized injury that is actual or imminent, a connection between that injury and the defendant’s conduct, and a likelihood that a favorable court decision would remedy the injury. For an ADA claim seeking an injunction, the plaintiff must also plausibly allege a past ADA injury, a reasonable likelihood that the discriminatory treatment will continue, and a real and immediate threat of future injury, including a reasonable intention to return to the relevant location or website.

The court stated that Velazquez’s allegations likely failed to adequately establish standing because they were at least as conclusory as allegations rejected by the U.S. Court of Appeals for the Second Circuit in another case. The court also noted that, apart from the caption, defendant’s name, and website name, the complaint was identical to six other complaints Velazquez filed on the same day.

Order

Judge Vernon S. Broderick ordered Velazquez, by November 21, 2022, to move for leave 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 opinion did not itself dismiss the case or decide the underlying accessibility claims.