Dicks v. Bengals & Bandits, LLC

Background

Valerie Dicks sued Bengals & Bandits, LLC, alleging that its failure to make its website accessible to visually impaired persons violated the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law. She brought the action on behalf of herself and all others similarly situated. Bengals & Bandits filed an answer.

Standing issue

The court considered whether Dicks had constitutional standing, which requires a plaintiff to show an actual or imminent injury, a connection between that injury and the defendant’s conduct, and a likelihood that a favorable court decision would remedy the injury. For an Americans with Disabilities Act claim seeking an order requiring changes, the plaintiff must adequately allege a past injury, a reasonable likelihood that the discriminatory treatment will continue, and a real and immediate likelihood that the plaintiff will return to the location at issue.

The court relied on a Second Circuit decision holding that conclusory, boilerplate allegations about the failure to accommodate visually impaired plaintiffs do not establish standing. It concluded that the allegations in Dicks’s complaint were at least as conclusory as those in that earlier decision and therefore did not adequately allege standing.

Ruling

On November 28, 2022, the court gave Dicks until December 5, 2022, either to move for permission to file an amended complaint that adequately alleged standing or to explain why the case should not be dismissed for lack of standing. Dicks did neither. Judge Valerie Caproni ordered that the case be dismissed without prejudice and without costs. The Clerk of Court was directed to terminate all open motions and deadlines and close the case. Because the dismissal was based on standing, the opinion did not decide whether Bengals & Bandits violated the disability laws.