Brann & Isaacson Brief Prompts Dismissal of Another ADA Website Accessibility Case

Brann & Isaacson lawyers, Peter Brann and Hanna Wurgaft, filed a request to submit a “friend of the court” brief in support of a Texas donut shop that had been sued in New York claiming that its website was inaccessible to blind people. This lawsuit was one of about 2,000 such cases that have been filed in the past year in New York.

The donut shop had not responded to the complaint, and a default had been entered against it. The B&I lawyers urged the court, before entering a default judgment, to consider the legal arguments they had made recently in another New York website accessibility case. Rather than have the court consider the legal arguments in the B&I motion to dismiss, three days later, the plaintiff’s counsel, Mizrahi Kroub, which files more of these cases in New York than anyone else, dismissed the case with prejudice. “It seems fairly obvious that while plaintiffs are quick to file thousands of these cases seeking a quick settlement,” Brann explained, “they are anxious to avoid litigating them, even against tiny donut shops that do not put up a defense.”