Seyfarth Synopsis: Businesses get another win in a lawsuit demanding gift cards with Braille.
Tuesday, Magistrate Judge Stewart Aaron in the Southern District of New York issued a Report and Recommendation recommending that District Judge Gardephe grant Foot Locker’s motion to dismiss a boilerplate complaint in which the blind plaintiff alleged that the retailer had violated the Americans with Disabilities Act and New York State and New York City laws by failing to issue gift cards with Braille or some other accessibility feature. If Judge Gardephe adopts the decision, he will be the second district judge in the nation to find that the ADA does not require gift cards to be accessible. District Judge Gregory Woods of the Southern District of New York was the first to decide this issue, as we reported several weeks ago. We hear that one or more of the Woods decisions will be appealed to the Second Circuit.