Sullivan v. Jersey Strong Licensing LLC

OPINION & ORDER Plaintiff Philip Sullivan, Jr. filed this action alleging that Defendant Jersey Strong Licensing LLC discriminated against him, and others similarly situated to him, in operating a website that denies deaf and hard-of-hearing people full and equal access to the goods and services it provides. Plaintiff brings claims under Title III of the Americans with Disabilities Act, the New York State Human Rights Law, New York Executive Law, New York City Human Rights Law, and the New York City Administrative Code, for declaratory and injunctive relief and compensatory damages. Defendant has moved to dismiss the action pursuant to Fed. R. Civ. P. 12(b)(2) for lack of personal jurisdiction. For the reasons stated below, the Court grants Defendant’s motion to dismiss and denies Plaintiff’s motion for jurisdictional discovery.BACKGROUND¹Plaintiff is a legally deaf individual who resides in New York. Defendant is a for-profit corporation based in New Jersey that owns a chain of fitness gyms and operates https://www.jerseystrong.com (hereinafter the “Website”), “which provides information and services in health, fitness, and exercise.” Complaint 29. “The Website allows the user to read articles, as well as browse videos and photos relating to exercising and maintain[ing] a healthy lifestyle.” Id. 31. Users can also access online accounts, claim gym passes, and fill out forms for advertising opportunities on the Website. See Opp. at 1, Exs. A-C. The Website is accessible throughout the United States, including in New York. Compl. 30. Plaintiff alleges that the Website “sells to tens of millions of people [sic] across the United States[,]” Id., 29, and derives substantial revenue from interstate commerce. See Opp. at 4.In support of its motion, Defendant has submitted a declaration asserting that it is not registered to do business in the state of New York, and does not offer any products or services for sale in New York, generate revenue from its website in New York, derive substantial revenue from interstate commerce, maintain gym memberships for New York residents, solicit New York companies to advertise at Jersey Strong, or receive advertising revenue from New York companies. See Def. Decl.