Matthew Carello v. Aurora Policeman Credit Union
Matthew Carello v. Aurora Policeman Credit Union
Opinion
Matthew Carello sued the Aurora Policemen Credit Union, alleging that accessibility barriers to the Credit Union's website violate his rights under the Americans with Disabilities Act. The district court dismissed the claim, holding that Carello lacked standing to sue. We agree.
I.
Matthew Carello is blind. To access visual content on the internet, he uses a "screen reader," which reads text aloud to him. A screen reader, however, works only on websites that are designed to support its software. Carello claims that a website run by the Aurora Policemen Credit Union fails to offer such support.
The Credit Union is chartered under the Illinois Credit Union Act, which requires that membership in a credit union be open only to groups of people who share a "common bond." 205 ILCS 305/2(1). This includes, for example, "[p]ersons belonging to a specific association, group or organization," "[p]ersons who reside in a reasonably compact and well-defined neighborhood or community," and "[p]ersons who have a common employer." Id. at 305/1.1. In accordance with this law, the Credit Union limits its membership to specified local city and county employees. Membership is required before an individual may enjoy any of the Credit Union's services.
Carello is not eligible for, nor has he expressed any interest in, membership in the Credit Union. Instead, he is a tester: he visits websites solely for the purpose of testing compliance with the Americans with Disabilities Act (ADA), which prohibits places of public accommodation from discriminating "on the basis of disability in the full and equal enjoyment of [their] goods, services, facilities, privileges, advantages, or accommodations," and requires them to make "reasonable modifications" to achieve that standard.
See
II.
The doctrine of standing imposes a non-negotiable limit on the power of a federal court. It is rooted in Article III, which limits a federal court's power to the resolution of "Cases" or "Controversies." U.S. CONST. art. III, § 2. Because the standing requirement enforces a constitutional restraint on the judicial power, federal courts must "always require[ ] that a litigant have 'standing' to challenge the action sought to be adjudicated in the lawsuit" before proceeding to the merits of a claim.
Valley Forge Christian Coll. v. Ams. United for Separation of Church and State, Inc.
,
This case turns on the injury-in-fact requirement, which the Supreme Court has described as the "[f]irst and foremost" element of standing.
Steel Co. v. Citizens for Better Env't
,
We can quickly dispense with one of Carello's challenges to the district court's standing analysis. According to Carello, the district court denied him standing because he was a tester, even though both we and the Supreme Court have made it clear that tester status does not deprive a plaintiff of standing.
See
,
e.g.
,
Havens Realty Corp. v. Coleman,
Carello identifies two injuries that he says are each sufficiently concrete and particularized to constitute an injury in fact: a dignitary harm stemming from his inability to use the website and an informational harm resulting from a lack of access to information on the website. Neither of these alleged injuries passes the test, although we stress that it is for a very narrow reason. As the Fourth Circuit recently held in a nearly identical case, a plaintiff who is
legally barred
from using a credit union's services cannot demonstrate an injury that is either concrete or particularized.
Griffin v. Dep't of Labor Fed. Credit Union
,
A.
We begin with Carello's claim that he suffered dignitary harm. There is no doubt that dignitary harm is cognizable;
*834
stigmatic injury is "one of the most serious consequences" of discrimination.
Allen v. Wright
,
Here, Illinois law prevents Carello's dignitary harm from materializing into a concrete injury. Because Illinois has erected a neutral legal barrier to Carello's use of the Credit Union's services, the Credit Union's failure to accommodate the visually impaired in the provision of its services cannot affect him personally. On the contrary, any blow thrown by the Credit Union is blocked as to Carello.
Cf.
Griffin
,
Concreteness and particularization are distinct components of an injury in fact,
Spokeo
,
Here, there is no connection between Carello and the Credit Union that distinguishes him from anyone else who is ineligible for membership and offended by the Credit Union's failure to comply with the ADA.
Cf.
Clay
, 76 F.3d at 878-79 ("Appellants' claims [about racial discrimination in the hiring process] are generalized grievances shared in substantially equal measure by a large class of citizens.");
Am. Civil Liberties Union of Ill. v. City of St. Charles
,
B.
Carello has another theory: he says that the Credit Union caused him an informational harm by failing to make the text on its website accessible to his screen reader. What Carello asserts, however, is not an informational injury properly understood, so it does not offer an alternate route to an injury in fact.
A harm is not an informational injury simply because it has something to do with information. An informational injury occurs when the defendant refuses to provide the plaintiff with information that a law-typically, a sunshine law-entitles him to obtain and review for some substantive purpose.
See, e.g.
,
Fed. Election Comm'n v. Akins
,
This case, however, is about accessibility accommodations, not disclosure. Carello does not complain that the Credit Union withheld information-on the contrary, he states that the Credit Union openly published the information on its website. Nor does he claim that the information was wholly inaccessible to him-he presumably could have had someone who is sighted read it aloud to him. Carello's complaint is about ease of access-he argues that the Credit Union should have made it possible for him to use his screen reader to more readily retrieve the available information. His alleged injury flows from the Credit Union's failure to support his software, not its refusal to disclose information about its services. And if the nature of his injury were not clear enough in the allegations that he makes, it is crystallized by the relief that he seeks. Carello does not seek an injunction ordering the Credit Union to produce information; he seeks an injunction ordering the Credit Union to reform its website. Carello has no interest in information that he cannot use, but he has a keen (and commendable) interest in forcing the Credit Union to make its website more accessible to the visually impaired.
Carello simply characterizes as "informational" the harm that he claims to have experienced when encountering text that his screen reader could not decipher. That is a dignitary harm, and, as we have already explained, Illinois law prevents it from being either concrete or particularized as to Carello. Because Carello has not identified an injury in fact, he lacks standing under Article III.
C.
To demonstrate that he has standing to obtain injunctive relief, Carello must show that he faces a "real and immediate threat" of future injury.
See
City of Los Angeles v. Lyons
,
* * *
The district court correctly concluded that Carello lacked standing, and its judgment is AFFIRMED.
Reference
- Full Case Name
- Matthew CARELLO, Plaintiff-Appellant, v. AURORA POLICEMEN CREDIT UNION, Defendant-Appellee.
- Cited By
- 53 cases
- Status
- Published