Fernandez v. Katie May, LLC
1:24-cv-01592
| S.D.N.Y. | Mar 20, 2025Background
- Jacqueline Fernandez, who is legally blind, sued fashion retailer Katie May, LLC under the ADA and NYCHRL, alleging that its website is inaccessible to blind or visually impaired users.
- Fernandez attempted multiple times to purchase a specific dress online but was unable to complete the transaction due to barriers such as poor labeling, incomplete descriptions, and inaccessible features.
- Fernandez seeks injunctive and declaratory relief under both laws, and damages under NYCHRL.
- Katie May, LLC moved to dismiss, raising lack of standing, lack of personal jurisdiction, and failure to state a claim.
- The court reviewed allegations under the assumption that all facts in the Amended Complaint are true, as is customary at the motion to dismiss stage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to seek injunctive relief | Fernandez alleged specific past injury, ongoing barriers, and intent to return | Insufficient facts to show real intent to return | Plaintiff alleged facts sufficient for standing |
| Personal jurisdiction over Katie May, LLC | Orders are shipped to NY; attempted transaction from NY home | Lacks sufficient presence or business in New York | Jurisdiction exists under NY's long-arm statute and due process |
| Adequacy of claim (failure to state a claim) | Barriers constitute ADA/NYCHRL violations; website not accessible | Website is accessible; no actionable discrimination | Plaintiff stated a plausible claim |
| Whether website is a "place of public accommodation" under ADA | ADA covers online-only retailers offering sales/services | ADA applies only to physical places, not websites | Websites qualify as public accommodations |
Key Cases Cited
- Kreisler v. Second Ave. Diner Corp., 731 F.3d 184 (standing for injunctive relief in ADA cases)
- Chloé v. Queen Bee of Beverly Hills, LLC, 616 F.3d 158 (personal jurisdiction through online transactions)
- Pallozzi v. Allstate Life Insurance Co., 198 F.3d 28 (Title III ADA covers sales/services, not limited to physical places)
- Ashcroft v. Iqbal, 556 U.S. 662 (pleading standard for motions to dismiss)
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (plausibility requirement for claims)