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p>Seyfarth Synopsis: Businesses get another win in a
lawsuit demanding gift cards with Braille.
Yesterday, 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.
Originally published Seyfarth Shaw, May 2020
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