Dominguez V. Banana Republic
Case 1:19-cv-10171-GHW Document 28 Filed 04/23/20 Page 1 of 20 USDC SDNY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC #: _________________ SOUTHERN DISTRICT OF NEW YORK DATE FILED: 4/23/2020 -----------------------------------------------------------------X YOVANNY DOMINGUEZ, individually and on : behalf of all other persons similarly situated, : : Plaintiff, : 1:19-cv-10171-GHW : -v - : MEMORANDUM OPINION AND : ORDER BANANA REPUBLIC, LLC, : : Defendant. : ---------------------------------------------------------------- X GREGORY H. WOODS, United States District Judge: Although the question presented in this case is novel, it is certainly not unique. Over the past eight months, the Southern and Eastern Districts of New York have been flooded with litigation from a handful of plaintiffs seeking injunctive relief, compensatory damages, and, of course, attorneys’ costs and fees for alleged failures by numerous retail and service establishments to sell accessible gift cards.1 Much of this litigation is premised on the meritless argument that Title III of the American with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12181, et seq., requires retailers to create specialty goods for the visually impaired. Because no read of the ADA supports that allegation, Banana Republic, LLC’s motion to dismiss is GRANTED. I. BACKGROUND2 The premise of this case is relatively straightforward. Banana Republic, LLC (“Defendant” or “Banana Republic”), like many other retail businesses, offers consumers the opportunity to purchase “pre-paid cash cards, colloquially referred as ‘store gift cards,’” that can be used in place of cash at its stores. First Amended Complaint (“FAC”), Dkt. No. 22, ¶¶ 4 & n.2, 55. Though they 1 Plaintiff’s counsel, Bradly G.
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