Angeles v. Grace Prods.

Angeles v. Grace Prods.

Opinion

MEMORANDUM OPINION & ORDER

ALISON J. NATHAN, District Judge:

Plaintiff, who is legally blind, brings claims against Defendant under federal and state law for discrimination on the basis of disability for failure to maintain an accessible website. Defendant moves to dismiss for lack of standing and mootness. For the reasons that follow, Defendant's motion is DENIED.

I. BACKGROUND

Plaintiff Jenisa Angeles is a visually-impaired and legally blind individual who requires screen-reading software to read website content while using her computer. Dkt. No. 1 ¶ 2. In October of 2020 and other occasions prior, Plaintiff attempted to access Defendant Grace Products' website. Id. ¶ 24. Defendant is a beauty supply company that offers products for sale online. Id. ¶ 21. Plaintiff was unable to successfully access the website because of its lack of features and accommodations that permit [*2]  persons with visual impairments and blindness to use websites. Id. ¶ 24.

Plaintiff filed a complaint in this Court on December 3, 2020 bringing claims against Defendant for violations of the Americans with Disabilities Act, 42 U.S.C. § 12181 et seq. and the New York City Human Rights Law, N.Y.C. Admin. Code § 8-107(4)(a). Dkt. No. 1. Defendant filed a motion to dismiss the case on February 22, 2021 under Federal Rule of Civil Procedure 12(b)(1) on the grounds of standing and mootness, with supporting documents attached to its motion. Dkt. No. 12. Plaintiff filed an opposition, along with supporting documents and affidavits. Dkt. No. 22. Defendant did not file a reply.

II. Discussion

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