Brown v. American Spoon Foods, Inc.

Background

Lamar Brown sued American Spoon Foods, Inc., on behalf of himself and others similarly situated. He alleged that the company’s website was not accessible to visually impaired people, violating the Americans with Disabilities Act, the New York State Human Rights Law, the New York State Civil Rights Law, and the New York City Human Rights Law. The opinion does not state that the court certified a class.

Standing issue

Constitutional standing is the requirement that a plaintiff show a concrete and particular injury that is actual or imminent, fairly traceable to the defendant’s conduct, and likely to be remedied by a favorable court decision. For a plaintiff seeking an injunction under the Americans with Disabilities Act, the complaint must allege a past injury, a reasonable basis to infer that the discrimination will continue, and a reasonable basis to infer that the plaintiff intends to return to the location based on visit frequency and proximity to the plaintiff’s home.

The court stated that it may consider standing on its own because standing is a threshold requirement for the court’s authority to hear a case. It said Brown’s allegations likely failed to adequately establish standing because they were at least as conclusory as allegations that the Court of Appeals for the Second Circuit had previously found insufficient.

Order

Judge Valerie Caproni did not dismiss the case in this order. Instead, the court ordered Brown, by August 15, 2023, to file a motion for permission to amend his complaint so that it adequately alleges standing, including a legal memorandum and any supporting exhibits or declarations. Alternatively, Brown had to show cause—give a sufficient explanation—why the case should not be dismissed for lack of standing.