Zelvin v. Circle of Drink, Inc.

Background

Lynn Zelvin brought this case on behalf of himself and others similarly situated. The complaint alleged that he is legally blind and uses Job Access With Speech, or JAWS, software to read website information. It alleged that Circle of Drink operates circleofdrink.com, a website offering products related to yerba mate tea, and that the website lacks information needed for JAWS to function and requires mouse use to complete certain actions.

The action began when the summons and complaint were filed on October 6, 2023. The opinion states that Circle of Drink was personally served, did not answer the complaint after the response period expired, and failed to appear at a February 21, 2024, show-cause hearing.

Court’s Analysis

The court explained that a defendant’s default admits the complaint’s properly pleaded factual allegations, but does not automatically establish that those facts amount to a valid legal claim. The court therefore considered whether the allegations established liability as a matter of law.

For the Americans with Disabilities Act, the court found that the complaint adequately alleged a claim under Title III. It concluded that the allegations identified Zelvin as a person protected by the Act, alleged that Circle of Drink’s website is a place of public accommodation, and described barriers preventing blind users from accessing the website’s goods and services. The court also concluded that the existence of readily available accessibility guidelines implemented by other businesses supported the allegation that the requested changes were reasonable.

The court found that the allegations also sufficiently stated claims under the New York State Human Rights Law and the New York City Human Rights Law because those laws’ standards are treated as at least as protective as the Americans with Disabilities Act for these claims. The court further found that the complaint sufficiently alleged entitlement to injunctive and compensatory relief under New York Civil Rights Law §§ 40–45, including that the required notice had been served on the attorney general.

The court stated that federal-question jurisdiction existed because the case included a federal claim. It also exercised supplemental jurisdiction over the related state-law claims and found personal jurisdiction proper based on the complaint’s allegation that Circle of Drink maintains its principal place of business in New York State.

Relief Ordered

The order granted a preliminary and permanent injunction requiring Circle of Drink to take all necessary steps to make its website fully comply with the Americans with Disabilities Act and its implementing regulations so that it is readily accessible to and usable by blind individuals.

The order declared that Circle of Drink owns, maintains, and/or operates its website in a manner that discriminates against blind people and fails to provide the access required by the Americans with Disabilities Act, New York State law, and New York City law. It provided $1,000 in compensatory damages to Zelvin, including applicable statutory and punitive damages and fines under New York State and New York City human-rights laws. It also provided for pre- and post-judgment interest, costs and expenses, and reasonable attorney and expert fees.

The court directed that a courthouse hearing be held to determine the specific amounts of damages, civil penalties, and reasonable attorney fees. The opinion states that a referral to a magistrate judge for that damages hearing would issue separately. Judge Lorna Schofield entered the order after determining that the defaulting defendant’s admitted allegations, together with the legal standards, supported the relief.