This case of interest comes from the Second Circuit where the court rejected a series of “carbon copy” lawsuits. In Calcano v. Swarovski North America Ltd., 36 F.4th 68 (2nd Cir. 2022), four plaintiffs claimed five retailers violated the Americans with Disabilities Act (ADA) by failing to sell Braille gift cards. These lawsuits, out of hundreds of practically identical lawsuits, assert claims under the ADA seeking damages, attorneys’ fees, and injunctive relief. The Court explained that standing principles require that a plaintiff affirmatively and plausibly allege both an injury or an imminent injury if the conduct goes unchanged. The Court decided the case failed to state a claim for violation of the ADA, and also lack of standing. The Court concluded that the lawsuits were missing an explanation of how the plaintiffs were “injured by the unavailability of braille gift cards.”
The Court reasoned that the ADA regulations do not specifically address gift cards; however, the law clearly indicates that retailers are not required to sell Braille books, provide Braille price tags, or provide menus in Braille because clerks and waiters can read price tags or menus to blind customers.
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Calcano v. Swarovski North America Limited