Adams v. 46 N LLC

Background

Joshua Adams sued 46 N LLC and Little Guilty Pleasures LLC, alleging that his access to the defendants’ facility and his equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations offered there were denied in violation of the Americans with Disabilities Act.

Standing issue

The court examined whether Adams had constitutional standing. Standing requires a plaintiff to allege a concrete and particular injury that happened or is likely to happen, a connection between that injury and the defendant’s conduct, and a reasonable likelihood that a court decision can remedy the injury.

For an ADA claim seeking an order requiring future compliance, the plaintiff must allege a past ADA injury, facts supporting a reasonable inference that the discrimination will continue, and facts supporting a reasonable inference that the plaintiff intends to return to the location. The court emphasized that the complaint must plausibly allege a real and immediate threat of future injury.

The court said Adams’s allegations likely failed to meet this requirement because they were at least as conclusory as allegations that the Second Circuit had previously found insufficient. The court also noted that the complaint, particularly its description of the alleged injuries, was virtually identical to allegations in another complaint Adams filed in the district and to complaints filed by his attorney for other plaintiffs.

Order

The court did not dismiss the case in this order. Instead, it ordered Adams, by January 5, 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. Judge Vernon S. Broderick signed the order.