Shalto v. Broadway Barbers LIC INC.

Background

Lesaldo Shalto brought an action under the Americans with Disabilities Act concerning alleged barriers to access at a barbershop. The complaint identified Broadway Barbers LIC INC. and another defendant, and the opinion states that the barbershop and both named defendants are located in Queens County, within the Eastern District of New York.

The court had ordered Shalto to explain why the case should not be transferred from the Southern District of New York to the Eastern District. Shalto responded that the defendants advertised, distributed pamphlets, and solicited customers on Roosevelt Island, where he resides. He argued that those activities were a substantial part of the events giving rise to his claim because he would not have known about the business without the advertising.

Venue Analysis

The court rejected that argument. It distinguished a prior trademark case in which venue could be proper in districts where the alleged infringement occurred. This case, the court explained, arose from alleged access barriers at the barbershop in Queens, not from the defendants’ advertising or solicitation. The court therefore concluded that the Eastern District of New York was the only district in which a substantial part of the events or omissions giving rise to the claim occurred under 28 U.S.C. § 1391(b)(2).

Disposition

Because the case was improperly filed in the Southern District of New York, the court stated that it could either dismiss the case or transfer it under 28 U.S.C. § 1406(a). It chose transfer to promote an efficient decision on the merits and ORDERED that the case be TRANSFERRED to the Eastern District of New York. The court also ordered Shalto to promptly serve the order on the defendants and, after the case was docketed in the Eastern District of New York, file proof of service there. The Clerk was directed to transfer the case. Magistrate Judge Barbara Moses signed the order.