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Del-Orden v. Bonobos Inc.

ADA Protections Extend to the Blind Claiming Discriminatory Access to Commercial Websites

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OPINION & ORDER

*1This case is a putative class action by a legally blind plaintiff claiming that the website of Bonobos, Inc. (“Bonobos”), an establishment that sells clothing and accessories, including through its website, is not compliant with the Americans with Disabilities Act (the “ADA”), because the website denies equal access to blind customers. Bonobos now moves to dismiss the first amended complaint (“FAC”) of named plaintiff Jose Del-Orden (“Del-Orden”). Bonobos argues that the ADA does not apply to commercial websites. And, Bonobos argues, even if the ADA does apply, the FAC fails to state a live ADA claim, because that claim seeks only injunctive relief, and Bonobos contends that, by the time the FAC was filed, it had remedied its website to cure the access barriers of which the FAC complains, leaving no unlawful conduct to enjoin. For the reasons that follow, the Court denies Bonobos’ motion. The Court today joins the growing number of courts to hold that commercial websites qualify as “public accommodations” within the meaning of the ADA, such that the ADA’s protections extend to blind persons who claim discriminatory access to such websites. And, as explained below, the Court cannot hold,

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