Jones v. Lanier Fed. Credit Union
Jones v. Lanier Fed. Credit Union
Opinion of the Court
RICHARD W. STORY, United States District Judge *1275This case comes before the Court on Defendant's Motion to Dismiss Plaintiff's First Amended Complaint [22], Defendant's Second Motion for Judicial Notice of Other Suits Filed by Plaintiff [23], Defendant's Third Motion for Judicial Notice of Other Suits Filed by Plaintiff [26], and Defendant's Motion to Strike Plaintiff's Reply to Defendant's Response to Plaintiff's Notice of Supplemental Authority [36]. After reviewing the record, the Court enters the following Order.
Background
Plaintiff VaShaun Jones brought this action against Defendant Lanier Federal Credit Union alleging a violation of the Americans with Disabilities Act of 1990 ("ADA"),
Plaintiff is permanently blind and uses a screen reader to access the internet and read content on websites. (First Am. Compl., Dkt. [18] ¶ 7.) Defendant operates a website which provides information about its locations, services, and amenities. (Id. ¶ 8.) Plaintiff has attempted to access Defendant's website several times, but he has "been denied the full use and enjoyment of the facilities and services" of the website due to accessibility barriers. (Id. ¶ 7.) Specifically, Plaintiff alleges that the website has empty or missing form labels, has empty links that contain no text, and has redundant links. (Id. ¶ 18.) Plaintiff now seeks an injunction requiring Defendant to make the website accessible by visually-impaired individuals as well as attorneys' fees and costs.
As an initial matter, Defendant's Second Motion for Judicial Notice of Other Suits Filed by Plaintiff [23] and Defendant's Third Motion for Judicial Notice of Other Suits Filed by Plaintiff [26] are GRANTED as unopposed pursuant to Local Rule 7.1B. Additionally, Defendant's Motion to Strike Plaintiff's Reply to Defendant's Response to Plaintiff's Notice of Supplemental Authority [36] is DENIED , and the Court will consider both the Response by Defendant to Plaintiff's Notice of Supplemental Authority [34] and Plaintiff's Reply to Defendant's Response to Plaintiff's Notice of Supplemental Authority [35] in consideration of Defendant's motion to dismiss.
Analysis
I. Motion to Dismiss for Lack of Subject Matter Jurisdiction
Defendant argues that Plaintiff lacks standing because he is not a member of the credit union, nor is he eligible to become a member in the future. Article III of the Constitution limits the judicial power of the United States to the resolution of "Cases" and "Controversies." To meet the *1276case-or-controversy requirement, a plaintiff must show (1) that he personally has suffered an actual or prospective injury as a result of the allegedly illegal conduct; (2) that the injury can be fairly traced to the challenged conduct; and (3) that the injury is likely to be redressed through court action." Valley Forge Christian Coll. v. Ams. United for Separation of Church & State, Inc.,
Defendant argues that because Plaintiff is not a member, nor is he eligible for membership, Plaintiff cannot show that he has suffered a concrete injury or that he faces a real threat of future harm.
As to redressibility, Defendant argues that even if Plaintiff receives a favorable outcome in this case, he will still be unable to access Defendant's services because he is ineligible for membership. "Redressability is established when a favorable decision would amount to a significant increase in the likelihood that the plaintiff would obtain relief that directly redresses the injury suffered." Fla. Wildlife Fed'n, Inc. v. S. Fla. Water Mgmt. Dist.,
The Court finds that Plaintiff has standing to bring this suit, and Defendant's Motion to Dismiss Plaintiff's First Amended Complaint [22] is denied as to standing.
II. Motion to Dismiss for Failure to State a Claim
A. Legal Standard
Federal Rule of Civil Procedure 8(a)(2) requires that a pleading contain a "short and plain statement of the claim showing that the pleader is entitled to relief." While this pleading standard does not require "detailed factual allegations," "labels and conclusions" or "a formulaic recitation of the elements of a cause of action will not do." Ashcroft v. Iqbal,
At the motion to dismiss stage, "all well-pleaded facts are accepted as true, and the reasonable inferences therefrom are construed in the light most favorable to the plaintiff." Bryant v. Avado Brands, Inc.,
B. Analysis
Defendant makes two arguments as to why the First Amended Complaint [18] should be dismissed for a failure to state a claim. First, Defendant argues its website is not a place of public accommodation and is therefore not subject to the ADA. The ADA provides that:
No individual shall be discriminated against on the basis of disability in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation.
It is undisputed that Defendant's physical locations are public accommodations. Defendant argues, however, that its website is not a public accommodation under the ADA. "Courts are split on whether the ADA limits places of public accommodation to physical spaces." Gil v. Winn Dixie Stores, Inc.,
Under the nexus test,
Second, Defendant argues that since the Department of Justice has not promulgated standards governing the accessibility of websites under the ADA, the injunction Plaintiff seeks would violate due process under the void for vagueness doctrine. "It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined." Grayned v. City of Rockford,
Additionally, contrary to Defendant's argument, Plaintiff is not seeking an injunction imposing standards set forth in the Web Content Accessibility Guidelines 2.0, which are set by a private organization. Plaintiff instead seeks to require Defendant's compliance with the ADA, without dictating how Defendant must comply with the statute. Plaintiff's requested relief would therefore not violate due process. Accordingly, Plaintiff has stated a claim under the ADA, and Defendant's Motion to Dismiss Plaintiff's First Amended Complaint [22] is denied as to this issue.
Conclusion
In accordance with the foregoing, Defendant's Motion to Dismiss Plaintiff's First Amended Complaint [22] is DENIED . Defendant's Second Motion for Judicial Notice of Other Suits Filed by Plaintiff [23] is GRANTED . Defendant's Third Motion for Judicial Notice of Other Suits Filed by Plaintiff [26] is GRANTED . Defendant's Motion to Strike Plaintiff's Reply to Defendant's Response to Plaintiff's Notice of Supplemental Authority [36] is DENIED . The parties are ORDERED to submit a Joint Preliminary Report and Discovery Plan within fourteen days.
SO ORDERED , this 26th day of September, 2018.
As the case is before the Court on a motion to dismiss, the Court accepts as true the facts alleged in the complaint. Cooper v. Pate,
In Defendant's motion and various other filings, it points to the fact that Plaintiff has filed several similar lawsuits against other credit unions in Georgia. Plaintiff's status as a tester, however, does not preclude standing under the ADA. Houston v. Marod Supermarkets, Inc.,
In light of the fact that the Eleventh Circuit has not yet addressed this issue, the Court questions whether the nexus test applies in determining whether the ADA applies to websites. See Andrews v. Blick Art Materials, LLC,
Reference
- Full Case Name
- VaShaun JONES v. LANIER FEDERAL CREDIT UNION
- Status
- Published