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Wu v. Jensen-Lewis Co. Inc.

ADA Title III Claim Stated Over Revamped Website's Remaining Accessibility Barriers

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Kathy Wu, on behalf of herself and all other persons similarly situated, Plaintiffsv.Jensen-Lewis Co., Inc. and Jensen-Lewis East, Inc., Defendants

OPINION AND ORDER This case is a putative class action by a legally blind plaintiff, Kathy Wu, claiming that the website of Jensen-Lewis Co., Inc. and Jensen-Lewis East, Inc. (jointly, “Jensen-Lewis”) is not compliant with the Americans with Disabilities Act (“ADA”) because it is not fully and equally accessible to Wu and other blind or visually impaired people. Before the Court is Jensen-Lewis’s motion to dismiss Wu’s complaint for lack of subject matter jurisdiction and for failure to state a claim. For the reasons that follow, the motion is DENIED.I. BACKGROUNDWu is a resident of Brooklyn, NY. Compl. 11. As a blind person, she is considered to be an individual with a disability under the ADA. 42 U.S.C. §12102. In order to browse websites on her computer, Wu must use a screen-reading software. Compl. 2. Screen readers work by vocalizing the visual information found on a computer screen and/or displaying the content on a refreshable Braille display. Compl. 17.Jensen-Lewis is a business with its principal executive offices in New York, NY. Compl.

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