Brown v. American Spoon Foods, Inc.
- Valerie Caproni
- 1:23-cv-03750
- U.S. District Court · Southern District of New York
- 3
In Brown v. American Spoon Foods, Judge Caproni dismissed Lamar Brown’s website-accessibility case without prejudice for lack of standing and failure to prosecute.
Lamar Brown’s claims against American Spoon Foods, Inc., including the claims he brought on behalf of others similarly situated.
What happened
In Brown v. American Spoon Foods, Lamar Brown sued American Spoon Foods, Inc., claiming that its website was not accessible to visually impaired people. He brought claims under the Americans with Disabilities Act and New York State and New York City civil-rights laws.
Brown alleged that he had made numerous attempts to buy strawberry jam through the website and intended to return to buy other products. The court said these allegations did not provide enough detail about his website visits, intended purchases, reasons for choosing American Spoon, or specific future purchases.
Judge Valerie Caproni dismissed the case without prejudice for lack of standing and failure to prosecute. Brown did not respond to two court orders requiring him to explain why the case should continue, and the court directed the clerk to close the case and all open motions.
The detailed version
- Brown v. American Spoon Foods, Inc. · No. 1:23-cv-03750
- Valerie Caproni
- Aug. 29, 2023
Background
Lamar Brown sued American Spoon Foods, Inc., on behalf of himself and others similarly situated. He alleged that the company’s website was inaccessible to visually impaired persons, 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.
Brown’s complaint alleged that he made “numerous attempts” to purchase strawberry jam on the website. It also alleged that he intended to visit the website in the future to make possible additional purchases of fruit butter and other products because he enjoyed the jams and preserves offered there.
Court’s Analysis
The court had previously concluded that Brown’s allegations likely did not adequately establish standing, meaning his connection to the alleged injury was not sufficiently shown for him to bring the case in federal court. The court ordered him to explain why the case should not be dismissed for lack of standing.
Brown did not respond by the original deadline and did not request an extension. The court later extended the deadline and warned that the case could also be dismissed for failure to prosecute, meaning failure to actively pursue the case or comply with court orders. Brown did not respond to either order.
The court found that Brown’s statements about his past and intended future website use were too vague to establish standing. In particular, he did not provide details about how often he visited the website, what items he intended to purchase on each visit, why he sought to purchase those items from American Spoon specifically, or what unique items he wanted to purchase in the future. The court also found that his repeated failure to respond to its orders independently supported dismissal for failure to prosecute.
Disposition
Judge Valerie Caproni ordered that the case be dismissed without prejudice for lack of standing and for failure to prosecute. The court directed the Clerk of Court to close all open motions and close the case.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.