MEMORANDUM DECISION and ORDER I. INTRODUCTION On September 2, 2020, plaintiff Christopher Walters (“Walters” or “plaintiff”), a legally blind individual, filed this civil rights action against defendant Simply Skinny Ties, LLC, a necktie company doing business under the name DAZI (“DAZI” or “defendant”). According to plaintiff’s one-count complaint, defendant is in violation of Title III of the Americans with Disabilities Act (“ADA”) because the internet website where defendant advertises and sells its products is incompatible with screen reading programs used by the visually impaired. On October 1, 2020, DAZI moved under Federal Rule of Civil Procedure (“Rule”) 12(b)(1) to dismiss Walters’s complaint for lack of subject matter jurisdiction. According to defendant, plaintiff lacks standing because his ADA claim is moot. The motion has been fully briefed and will be considered on the basis of the submissions without oral argument. II. BACKGROUND The following facts are taken from Walters’s complaint. Plaintiff is a resident of Utica, New York. Compl. 19. He is legally blind. Id.
2, 19. Plaintiff uses an iPhone 6 with a screen reader technology called “JAWS” to access the internet. Id. As relevant here, screen reader software “translates the internet into an auditory equivalent. At a rapid pace, the software reads the content of a webpage to the user.” Id. 3 (citation omitted). DAZI is a Utah corporation headquartered in Lindon, Utah. Compl. 20. Defendant designs, manufactures, and distributes neck ties, bow ties, and other similar products. Id. 4. Defendant owns, operates, and maintains a website where interested consumers can purchase these products and access other brand-related content and services. Id.
