United States Court of Appeals for the Second Circuit
Americans with Disabilities Act
Failure to state a claim – Standing
Calcano v. Swarovski N. Am. Ltd.
Judges Livingston, Lohier, and Park
Background: The visually impaired plaintiffs sued the defendant stores under the Americans with Disabilities Act for failing to carry braille gift cards. All five complaints are identical and all allege that the plaintiffs live near the stores, have been customers in the past, and intend to purchase gift cards when they become available in the future. The plaintiffs appealed from the dismissal of their complaints for lack of standing and for failing to state a claim.
Ruling: The Second Circuit affirmed. The court held that the allegations were conclusory and that the plaintiffs failed to explain how they were injured by the unavailability of braille gift cards, nor had they provided any specificity of their prior visits to the defendants’ stores that would support an inference that they intended to return.
G. Oliver Koppell, for the plaintiffs-appellants; Stephanie Shuster, of Morgan, Lewis & Brockius, Joseph J. Lynett, of Jackson Lewis, and Michael Vatis, of Steptoe & Johnson, for the defendants-appellees.