Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Zelvin v. H Heritage Inc.

Legally Blind Plaintiff Has Standing to Sue Website for Lack of Accessibility

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

OPINION AND ORDER Lynn Zelvin, who is visually impaired and legally blind, attempted on three different occasions to buy a wallet on H Heritage’s website. However, Zelvin was unable to purchase any goods due to the website’s lack of accessibility for users who are visually impaired. Zelvin brought this action against H Heritage, claiming that its website violates the Americans with Disabilities Act, New York State Human Rights Law, and New York City Human Rights Law. H Heritage now moves to dismiss this action, claiming that Zelvin lacks standing to sue H Heritage and has failed to establish that this Court has personal jurisdiction over H Heritage. The Court disagrees. Instead, the Court finds that Zelvin has plausibly alleged he suffered a concrete injury sufficient to support standing and orders the parties to engage in limited jurisdictional discovery to determine whether H Heritage has conducted business within New York state. Accordingly, Defendant’s motion to dismiss is DENIED. BACKGROUND The following facts are, unless otherwise noted, taken from the First Amended Complaint and presumed to be true for the purposes of this motion. See LaFaro v. N.Y. Cardiothoracic Grp., PLLC, 570 F.3d 471, 475 (2d Cir. 2009). Defendant H Heritage, Inc. (“Defendant”), the owner and operator of “Holtzleather.com” (the “Website”), is an Alabama corporation with its principal place of business in Alabama. ECF No. 12 (“FAC”)

14, 17. Plaintiff Lynn Zelvin (“Plaintiff”) is an individual who is visually impaired and legally blind and who requires screen reading software to read website content using his computer. FAC at

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2025
September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
MAGISTRATE JUDGE

NOTICE OF FEDERAL MAGISTRATE JUDGE VACANCIES IN ATLANTA AND ROME, GAThe U.S. District Court for the Northern District of Georgia is acceptin...


Apply Now ›
INSURANCE DEFENSE PARTNER FOR ESTABLISHED ATLANTA FIRM (Atlanta, GA)

Our client, a highly regarded, 40+ lawyer general practice firm in Atlanta, has asked for our assistance in identifying a partner-level lawy...


Apply Now ›
Commercial Litigation Attorney Needed (2-4 yr.)

Lower Manhattan firm seeks a litigator with at least 2-4 years of experience in all aspects of commercial litigation (i.e., depositions and ...


Apply Now ›
Go to Lawjobs