OPINION & ORDER Plaintiff Owen Harty (“Plaintiff”) brings this Action pursuant to the Americans with Disabilities Act (the “ADA”), 42 U.S.C. §12131, et seq., and New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law §296, et seq., alleging that Nyack Motor Hotel, Inc. (“Defendant”) operates a website that Plaintiff, due to his disabilities, was unable to access. (See Compl. (Dkt. No. 1).) Plaintiff seeks injunctive and declaratory relief under the ADA and damages under the NYSHRL. (See id. 28.) Before the Court is Defendant’s Motion To Dismiss (the “Motion”), pursuant to Rules 8(a), 12(b)(1), and 12(b)(6) of the Federal Rules of Civil Procedure. (See Not. of Mot. (Dkt. No. 13).) For the reasons below, the Motion is granted. I. Background A. Factual Background The following facts, drawn from Plaintiff’s Complaint, are assumed to be true for the purposes of this Motion. Plaintiff is a resident of Broward County in Florida, and allegedly qualifies as a disabled individual, as defined by the ADA. (Compl. 1.) Plaintiff avers that he cannot walk and must ambulate in a wheelchair. (Id.) Plaintiff is allegedly an “advocate of the rights of similarly situated disabled persons” and regularly visits websites of places of public accommodation to test whether they comply with ADA requirements. (Id. 2.) Plaintiff alleges that Defendant “owns, leases, leases to, or operates a place of public accommodation as defined by the ADA,” namely the Nyack Motor Lodge (the “Lodge”), located at 110 N. Route 303, West Nyack, Rockland County, New York. (Id. 3.) Plaintiff alleges that Defendant is required to comply with the ADA. (Id. 7.) Because of this, Defendant must comply with 28 C.F.R. §36.302(e)(1), which requires places of public accommodation to “ensure that individuals with disabilities can make reservations for accessible guest rooms during the same hours and in the same manner as individuals who do not need accessible rooms.” (Id. 8 (quoting 28 C.F.R. §36.302(e)(1)(i)).) Plaintiff alleges that Defendant, “either itself or by and through a third party, implemented, operates, controls and[/]or maintains a website for the [Lodge] which contains an online reservations system.” (Id. 10.) The website at issue is “http://www.nyackmotorlodge.com/” (the “Website”). (Id.) Plaintiff alleges that this “term” includes “all websites owned and operated by Defendant or by third parties to book or reserve guest accommodations at the hotel.” (Id.) According to Plaintiff, because a purpose of the Website is to provide information about and facilitate reserving rooms at the Lodge, the Website is subject to the requirements discussed above. (Id.) However, when Plaintiff attempted to access the Website, he was allegedly “unable to do so.” (Id. 11.) Plaintiff claims that he “intends to revisit Defendant’s [W]ebsite” to test it for further compliance with 28 C.F.R. §36.302(e) in the “near future.” (Id. 12.) He also claims that he is “continuously aware” that the Website “remains non-compliant” and that it would be “futile” to visit it again as long as the purported violations continue to exist. (Id. 13.) Based on the above, Plaintiff seeks injunctive relief and declaratory relief under the ADA, as well as damages under the NYSHRL. (Id.
