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Wahab v. White's Boots Inc.

ADA Suit Is Dismissed for Lack of Standing; 'Past Injury' Insufficiently Pleaded

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REPORT AND RECOMMENDATION Plaintiff Angela Wahab (“Plaintiff” or “Wahab”) brings this putative class action pursuant to Title III of the Americans with Disabilities Act (“ADA”) and the New York City Human Rights Law (“NYCHRL”), claiming that a website operated by Defendant White’s Boots, Inc. (“Defendant” or “White’s Boots”) is inaccessible to visually impaired persons. Defendant has filed a motion to dismiss for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1). For the reasons set forth below, the undersigned respectfully recommends that (1) Defendant’s motion to dismiss be GRANTED; and (2) Plaintiff be given an opportunity to amend her Complaint. BACKGROUND A. Plaintiff’s Allegations As alleged, Plaintiff is a visually impaired and legally blind person who uses screen-reading software to navigate Internet websites. (Compl.

2, 14). Defendant is an “online retailer for handcrafted high-quality boots” and maintains and operates www.whitesboots.com (the “Website”). (Id.

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