Brann & Isaacson Lawyers Obtain Quick Dismissal of ADA Website Accessibility Case

Brann & Isaacson lawyers, Peter Brann and Hannah Wurgaft, filed a motion to dismiss an ADA website accessibility case on behalf of The Tack Room, a South Carolina company that sells equestrian equipment. This lawsuit was one of about 2,000 such cases that have been filed in the past year in New York. Less than a week later, the plaintiff’s counsel, Mizrahi Kroub, which files more of these cases in New York than anyone else, without prior notice, dismissed the case with prejudice. The Tack Room did not pay anything to settle the case.

“Although we are gratified that the plaintiff’s counsel apparently found our arguments persuasive just by reading our motion to dismiss, this lawsuit should never have been filed,” Brann explained. “The Tack Room, like our other retailer clients, makes every effort to make its website accessible because it is good for business. Besides, suing a small South Carolina company that doesn’t target New York in its marketing and website just because the plaintiff chose to access the website in New York is fundamentally unfair. Finally, as many courts have found, a website is not a place of public accommodation.”