Case 1:16-cv-02103 Document 1 Filed 03/22/16 Page 1 of 19

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

TAJUAN FARMER and MIKA

PYYHKALA, on behalf of themselves
and all others similarly situated,
v.

COMPLAINT

Plaintiffs,
Civil Action No. 16-cv-2103

SWEETGREEN, INC.

ECF CASE

Defendant.

JURY TRIAL DEMANDED

CLASS ACTION COMPLAINT

Plaintiffs Mika Pyyhkala and Tajuan Farmer (Plaintiffs), on behalf of themselves and
all others similarly situated, respectfully submit the following Complaint against Sweetgreen,
Inc. (Sweetgreen) for violations of Title III of the Americans With Disabilities Act of 1990
(ADA), 42 U.S.C. 12181, et seq., the New York State Human Rights Law, (NYSHRL), 15
N.Y. Exec. Law 290, et seq., and the New York City Human Rights Law (NYCHRL),
N.Y.C. Admin. Code 8-101, et seq.
INTRODUCTION
1.

Like many other modern retailers, Sweetgreen offers its customers a fast and

efficient way of ordering food online ahead of time so that when they arrive at the restaurant they
can pick up their food immediately without waiting behind other customers who place their
orders in the restaurant the old fashioned way. This option to order online undoubtedly benefits
consumers. But this option also increases Sweetgreens revenues and profits, as it is far more
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efficient to have customers place their orders through a computer rather than have customers
slow down the line making dozens of decisions such as whether to order brown rice or quinoa,
peas or carrots, apples or pears, or light, medium, or heavy dressing.
2.

Plaintiffs do not dispute that Sweetgreen offers a terrific service by making it

possible for customers to place their orders from their mobile phones, tablets, laptops, or desktop
computers. But if Sweetgreen offers this service to the public, it cannot exclude blind customers
from the benefits of this service by making its online ordering portal and mobile application
inaccessible to the blind. And that is exactly what Sweetgreen has done in establishing an online
ordering system that prevents blind customers from customizing and placing their orders in the
same way as sighted customers can.
3.

Not only are blind customers prevented from customizing their orders online, but

they are effectively forced to have a Sweetgreen staff member read them the menu options in a
crowded and noisy environment, rather than being able to read the menu themselves with their
screen readers before coming to the restaurant. This further slows down the line and
inconveniences blind customers, other customers, and Sweetgreens staff.
4.

Over the past year, blind customers have lodged complaints with Sweetgreen with

the hope that a self-professed progressive, socially and environmentally conscious company
would agree to make its online ordering system accessible to blind customers. To date, however,
Sweetgreen has failed to make its online ordering system accessible to blind customers.
5.

Because Sweetgreen has refused to open its online doors to the blind community,

Plaintiffs are now taking legal action to enforce the federal Americans With Disabilities Act and
the laws of the State and City of New York that require Sweetgreen to make its restaurants and
services accessible to people with disabilities, including the blind.
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6.

In this putative class action lawsuit, Plaintiffs seek an order requiring Sweetgreen

to make its online ordering portal and mobile application fully accessible to blind customers who
use talking screen readers, so that all blind customers may fully and equally enjoy Sweetgreens
services. This action also seeks compensation for blind customers who attempted to order and
customize their orders online or via the mobile application, but were not able to complete their
orders because Sweetgreens web site and mobile application are inaccessible.
7.

Plaintiffs assert claims under Title III of the Americans With Disabilities Act, 42

U.S.C. 12182 et seq., the New York State Human Rights Law (NYSHRL), 15 N.Y. Exec.
Law 290 et seq., and the New York City Human Rights Law (NYCHRL), N.Y.C. Admin.
Code 8-101 et seq.
8.

Both named Plaintiffs are blind individuals who attempted to submit online orders

for pick-up through Sweetgreens online order portal, https://order.sweetgreen.com, but were
unable to complete their orders due to the inaccessibility of the portal, specifically their inability
to customize their orders. Both named Plaintiffs contacted Sweetgreen to alert the company
about this issue and ask the company to make its electronic ordering system accessible to blind
customers. Unfortunately, Sweetgreen has refused to provide any detailed or concrete timeline
in which it plans to remedy the issue. One of the named Plaintiffs also attempted to use
Sweetgreens mobile application to place an order and was unable to do so due to accessibility
barriers.
9.

Without an order from this federal court, Sweetgreen will continue to violate

federal, state, and local law and continue to discriminate against blind customers who simply ask
to be able to use the same online ordering portal that is currently available and accessible to
sighted customers.
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JURISDICTION AND VENUE

10.

This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

1331 and 28 U.S.C. 1343(a)(4), because Plaintiffs assert a federal civil rights claim under the
federal Americans with Disabilities Act, 42 U.S.C. 12182.
11.

This Court has supplemental jurisdiction over the non-federal claims pursuant to

28 U.S.C. 1367, as Plaintiffs state and local claims under the NYSHRL and NYCHRL are so
related to Plaintiffs federal ADA claim that they form part of the same case or controversy
under Article III of the United States Constitution.
12.

This Court has personal jurisdiction over Sweetgreen. Defendant does a

significant amount of business in New York State and this District. Sweetgreen has seven
restaurants in Manhattan (with two new restaurants coming soon) which is more restaurants
than any other jurisdiction besides the District of Columbia. Upon information and belief,
Sweetgreen employs dozens to hundreds of workers in this District, and a large portion of its
revenue is earned through its restaurants and sales in this District. In addition, by requiring
customers who use its web site to bring their legal claims against Sweetgreen exclusively in a
federal or state court in New York City, Sweetgreen has agreed that this District Court has
personal jurisdiction over it and Sweetgreen has waived any argument that personal jurisdiction
is lacking.
13.

Venue is proper pursuant to 28 U.S.C. 1391(b)(2), as a substantial part of the

events or omissions that gave rise to the claims occurred in this District. Alternatively, if venue
is not proper under 1391(b)(2), venue is proper under 28 U.S.C. 1391(b)(3), as Sweetgreen is
subject to the courts personal jurisdiction with respect to this action. In addition, by requiring
customers who use its web site to bring their legal claims against Sweetgreen exclusively in a
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federal or state court in New York City, Sweetgreen has agreed that venue is proper in this
District Court and Sweetgreen has waived any argument that venue is improper in this District.
PARTIES
14.

Plaintiff Tajuan Farmer is a resident of the District of Columbia and is a customer

of the Sweetgreen restaurant located at 1901 L Street NW, Washington, D.C. 20036. Mr. Farmer
is blind and uses a talking screen reader on his computer to access the Internet.
15.

Plaintiff Mika Pyyhkala is a resident of Boston, Massachusetts and frequents the

Sweetgreen restaurant located at 372 Congress Street in Boston. Mr. Pyyhkala is blind and uses
a talking screen reader on his computer to access the Internet.
16.

Defendant Sweetgreen, Inc. is a corporation whose headquarters are in the District

of Columbia and which is incorporated in Delaware. The company was founded in 2007 by
three Georgetown graduates and creates salads from local organic farmers and partners. On its
web site, Sweetgreen states that its business is aligned with the companys values by supporting
our communities and creating meaningful relationships with those around us. The company
states that it has five core values [that] embody our culture, spirit and dedication to doing
whats right. They keep us aligned and help us make decisions about everything from the food
we serve to the way we design our stores. Those five core values are: (1) win, win, win; (2)
think sustainably; (3) keep it real; (4) add the sweet touch; and (5) make an impact.

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FACTUAL ALLEGATIONS
17.

For sighted and blind persons, the Internet is a significant source of information,

and offers a wealth of information, services, and products with instant availability and without
the need to travel.
18.

Blind individuals access the Internet from computers by using screen access

software, which vocalizes visual information on a computer screen or displays the content on a
refreshable Braille display. This software represents the only method by which blind persons
can independently access the Internet and related computer screen software programs.
19.

Several screen access software programs are available to blind users of Windows

and Apple operating system-enabled computers and devices. The most popular screen access
software for a Windows computer is Job Access With Speech (JAWS), which must be
purchased and installed separately. For Apple users, the only screen access software is
VoiceOver, which is built into all Apple products. While each software program may have
differences in how the user operates the software, each program requires information on the
Internet to be capable of being rendered into text so that blind computer users may access it.
20.

Both named Plaintiffs are proficient users of the JAWS screen reader to access the

Internet.
21.

iOS accessibility guidelines are also available at https://developer.apple.com/

library/ios/documentation/UserExperience/Conceptual/iPhoneAccessibility/Introduction/Introduc
tion.html to assist iOS mobile application developers to make their apps accessible to blind
individuals.
22.

Sweetgreens online ordering portal allows customers to customize signature

salads, filter by dietary preferences, track calories and more, all from [their] mobile-optimized site.
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23.

Sweetgreens online ordering portal is highly beneficial to customers, because it allows

customers to order their food ahead of time and then pick up the food at the restaurant without waiting in
line or ordering in person.
24.

On January 13, 2015, Plaintiff Pyyhkala received an email from Sweetgreen about

its new web-based ordering portal, encouraging him to use the service.
25.

On February 25, 2015 and April 9, 2015, Plaintiff Pyyhkala attempted to place an

online order through Sweetgreens web site, but he was unable to complete the order, due to
accessibility barriers with the customization feature of this new online ordering portal.
26.

On April 19, 2015, Plaintiff Pyyhkala first notified Sweetgreen about the

accessibility barriers he was experiencing with the online ordering portal. Sweetgreen simply
responded by stating that Sweetgreen would look into the issue.
27.

Plaintiff Pyyhkala again notified Sweetgreen about the accessibility issues on

August 20, 2015, September 23, 2015, and October 6, 2015. On October 21, 2015, Plaintiff
Pyyhkala again attempted to place an order on Sweetgreens online ordering portal, but once
again he was unable to customize his order due to the inaccessibility of the customization feature
on the online ordering portal.
28.

In an October 6, 2015 e-mail to Plaintiff Pyyhkala, Lauren Drell, Sweetgreens

Director of Content, stated that This is not currently on the tech roadmap, but our tech team is
looking into solutions for 2016, when were overhauling our entire website. On October 30,
2015, Drell escalated Plaintiff Pyyhkalas e-mails to Joel Chrisman, Sweetgreens Chief
Information Officer and leader of its Information and Technology division.
29.

Chrisman made clear to Plaintiff Pyyhkala that the accessibility of Sweetgreens

online ordering portal is not a priority for Sweetgreen, as he informed Plaintiff Pyyhkala that it
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could take Sweetgreen several years to remedy the lack of accessibility of Sweetgreens web site.
30.

Contrary to Chrismans assumption that addressing the inaccessibility of

Sweetgreens web site would take a significant amount of time, it would be both easy and costeffective for Sweetgreen to make its web site and, in particular, its online ordering portal,
accessible to blind customers. In fact, each day that Sweetgreens web site and online ordering
portal are inaccessible, Sweetgreen loses the business of blind customers who would like to order
food online from Sweetgreen.
31.

Plaintiff Pyyhkala again notified Sweetgreen about the inaccessibility issues on

December 2, 2015. In his e-mails, he outlined the accessibility issues, Sweetgreens duties to
comply with Title III of the ADA and applicable state laws, a link to a document from a prior
web site accessibility lawsuit that offers best practices for accessibility, and noted that
Sweetgreen was not demonstrating the proper sense of urgency concerning this problem, and
warned that he may take legal action over this accessibility issue.
32.

Plaintiff Pyyhkala also experienced accessibility problems when attempting to use

Sweetgreens iOS mobile application.

33.

Mr. Pyyhkala uses an iPhone with VoiceOver, a talking software program that

allows him to access all of the menus and applications on his phone.
34.

On February 2, 2016, Plaintiff Pyyhkala again attempted to place a customized

order with Sweetgreen, this time using Sweetgreens mobile application on his iPhone. He was
ultimately not able to place the order due to accessibility barriers.
35.

Sweetgreens mobile application contains many unlabeled buttons that do not

conform to Apple's iOS accessibility guidelines.

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36.

When trying to add or remove an ingredient during the customization process, the

app did not verbally indicate what ingredients were added, changed, or removed, making it
impossible for Plaintiff Pyyhkala to know what ingredients were being included in his order.
37.

Information was formatted in the app such that it could not readily be read via

VoiceOver.
38.

Sweetgreens mobile application has a final checkout step where the user

normally presses the place order button. But Mr. Pyyhkala never made it past this screen.
When he tapped the place order button, the phone vibrated, but no error message was detected
with VoiceOver, even after scrolling through the entire screen, and no order could be placed.
39.

As a result, Plaintiff Pyyhkala was not able to complete his order or enjoy his

desired salad for dinner on February 2, 2016.

40.

On December 17, 2015, Plaintiff Farmer tried placing an order with Sweetgreen

through its online ordering portal and was unable to complete his order due to the same
inaccessibility of the customization feature that Plaintiff Pyyhkala had encountered.
41.

Mr. Farmer did not order from Sweetgreen again, and on January 14, 2016, he e-

mailed Lauren Drell, Sweetgreens Director of Content, about the inaccessibility issues he
experienced.
42.

Plaintiff Farmer has not yet heard back from Sweetgreen about his complaint over

the inaccessibility of Sweetgreens online ordering portal.

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CLASS ALLEGATIONS
43.

Plaintiffs seek certification of a Class pursuant to Rules 23(a) and 23(b)(2), of the

Federal Rules of Civil Procedure or, alternatively, under Rules 23(a) and (b)(3). Plaintiffs will
seek to certify a class composed of: all legally blind individuals in the United States who, on or
after January 1, 2015, attempted to place an order on Sweetgreens online ordering portal or
mobile application, but were unable to complete an order due to accessibility barriers with such
online portal or application.
Impracticability of Joinder
44.

The persons in the class are so numerous that joinder of all such persons is

impractical and the disposition of their claims in a class action is a benefit to the parties and to
the Court. Upon information and belief, hundreds to thousands of blind individuals are part of
the proposed class, and the members of the class are geographically dispersed throughout the
nation, including in New York, the District of Columbia, California, Massachusetts, Maryland,
Virginia, Pennsylvania, and the states that border Sweetgreens locations in these states.
Commonality
45.

This case arises out of Sweetgreens common policy and/or practice of denying

blind persons full and equal access to the goods and services of Sweetgreens online ordering
portal and mobile application, as both are inaccessible to blind persons. Due to Sweetgreens
policy and/or practice of failing to remove access barriers, blind customers have been and are
still being denied full and equal access to Sweetgreens online ordering portal and mobile
application, and the benefits and conveniences those services offer.

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46.

The central questions in this case concern whether Sweetgreens online ordering

portal and mobile application are inaccessible to blind customers and whether the inaccessibility
of the portal and application violate the ADA, New York State law and New York City law.
Because the same online ordering portal and mobile application are used by customers who seek
to place online orders throughout the United States, the answer to these factual and legal
questions will produce common answers for all class members.
47.

Plaintiffs claims raise subsidiary common questions that will also have common

answers for each class member, including whether Sweetgreens restaurants and/or online portal
and mobile application constitute a place of public accommodation under the ADA, New York
State law, and New York City law.
Typicality
48.

The claims of the named Plaintiffs are typical of those of the proposed Class.

Plaintiffs challenge a single policy by which Sweetgreen provided an online ordering portal and
mobile application that are inaccessible to blind customers throughout the United States.
Plaintiffs Pyyhkala and Farmer experienced the same type of accessibility under Sweetgreens
inaccessible online ordering portal and mobile application that other blind customers
experienced, and these Plaintiffs and all Class Members will continue to experience the same
type of accessibility barriers when ordering food from Sweetgreen online until Sweetgreen
makes its online ordering portal and mobile application accessible.
49.

The relief sought in this action primarily consists of a declaration that Sweetgreen

violated the rights of the named Plaintiffs and all of the other members of the Class under the
ADA, as well as under New York State and New York City law, an order requiring Sweetgreen
to make its online ordering portal and mobile application accessible to blind customers, and an
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order requiring Sweetgreen to compensate blind customers who have been subjected to
Sweetgreens inaccessible online ordering portal and mobile application.
Adequacy
50.

Plaintiffs will fairly and adequately represent and protect the interests of the

members of the Class. Plaintiffs are aware of no conflict with any other member of the Class.
Plaintiffs understand their obligations as class representatives, and have already undertaken steps
to fulfill them, and are prepared to continue to fulfill their duties as class representatives.
51.

Plaintiffs have retained and are represented by counsel competent and

experienced in complex class action litigation, including class actions brought under the
Americans with Disabilities Act.
Rule 23(b)(2)
52.

This action is maintainable as a class action under Fed. R. Civ. P. 23(b)(2)

because Defendants have acted or refused to act on grounds generally applicable to the Class,
making appropriate both declaratory and injunctive relief with respect to Plaintiffs and the Class
as a whole.
53.

Sweetgreen has violated the ADA and New York State and City law in the same

manner as to all members of the Class by having a single pattern and/or practice of having an
online ordering portal and mobile application that are inaccessible to blind customers. As such,
Sweetgreen has acted or refused to act on grounds generally applicable to the Class.
54.

Plaintiffs seek monetary relief that is incidental to the declaratory relief that

Plaintiffs seek in this action. Specifically, Plaintiffs seek a uniform amount of damages for each
class member who were prevented from placing online orders with Sweetgreen. Because

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Plaintiffs seek identical amounts of monetary damages for all class members, the monetary relief
in this action may be calculated in a simple, objective, and mechanical manner.
Rule 23(b)(3)
55.

Alternatively, class certification is appropriate under Fed. R. Civ. P. 23(b)(3)

because questions of law and fact common to Class members predominate over questions
affecting only individual class members, and because a class action is superior to other available
methods for the fair and efficient adjudication of this litigation.
56.

By resolving the common legal and factual questions identified above in a single

class proceeding, each member of the class will receive a determination of whether Sweetgreen
violated his or her rights under the ADA and New York State and City law. These questions
predominate over the few, if any, issues that may affect individual class members.
57.

Upon information and belief, there are no other pending lawsuits in which similar

members of the Class have raised similar allegations against Sweetgreen.

58.

It is desirable to concentrate the litigation of the claims in this particular forum, as

Sweetgreens web site states that all claims against Sweetgreen should be brought in the federal
courts in New York City.
59.

There are no difficulties in managing this case as a class action.

60.

References to Plaintiffs shall be deemed to include the named Plaintiffs and each

member of the class, unless otherwise indicated.

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CLAIMS FOR RELIEF

COUNT I
Violation of the Americans With Disabilities Act, 42 U.S.C. 12182
(On Behalf of All Plaintiffs and the Class)
61.

Plaintiffs incorporate by reference the foregoing allegations as though fully set

forth herein.
62.

On July 12, 1990, Congress enacted the Americans with Disabilities Act to

provide a clear and comprehensive national mandate for the elimination of discrimination against
individuals with disabilities. 42 U.S.C. 12101(b)(1).
63.

Title III of the ADA states that [n]o individual shall be discriminated against on

the basis of disability in the full and equal enjoyment of goods, services, facilities, privileges,
advantages, or accommodations of any public place of accommodation by any person who owns,
leases (or leases to), or operates a place of public accommodation. 42 U.S.C. 12182(a).
64.

Plaintiffs are both individuals with disabilities within the meaning of 42 U.S.C.

65.

Defendant Sweetgreen is a private entity who owns, leases, (or leases to), or

12102.
operates a place of public accommodation, and therefore has an obligation to comply with Title
III of the ADA, including 42 U.S.C. 12182.
66.

The benefits provided by Sweetgreens online ordering portal as part of its web

site and its mobile application are goods, services, facilities, privileges, advantages, or
accommodations of Sweetgreen.
67.

Sweetgreens web site and mobile application contain barriers that prevent full

and equal enjoyment of Sweetgreens goods, services, facilities, privileges, advantages, or

accommodations by blind persons, including the Plaintiffs who use screen access software.
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68.

The inaccessibility of Sweetgreens web site and mobile application denies blind

customers full and equal enjoyment of the goods, services, facilities, privileges, advantages, or
accommodations that Sweetgreen makes available to the sighted public. Accordingly,
Sweetgreen is systematically violating the ADA, in that it is denying blind customers the benefits
of access to and full enjoyment of its place of public accommodation.
69.

Sweetgreens violations are ongoing and continue to deny accessibility to blind

customers who use or wish to use Sweetgreens online ordering services to place their orders.
70.

Title III of the ADA also makes it discriminatory to afford an individual or class

of individuals, on the basis of a disability or disabilities of such individual or class . . . with the
opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or
accommodation that is not equal to that afforded to other individuals. 42 U.S.C.
12182(b)(A)(ii).
71.

By providing features on Sweetgreens web site and mobile application that are

inaccessible, and by failing to address the inaccessibility of these features, despite the complaints
lodged by Plaintiffs, Sweetgreen has denied Plaintiffs and continues to deny Plaintiffs, on the
basis of their disabilities, the same access to Sweetgreens goods, services, facilities, privileges,
advantages, or accommodations as the access provided to individuals without disabilities,
namely by providing blind customers with a less efficient, effective, and expedient ordering
process.

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COUNT II
Violation of the New York State Human Rights Law
15 N.Y. Exec. Law 290 et seq.
(On Behalf of All Plaintiffs and the Class)
72.

Plaintiffs incorporate by reference the foregoing allegations as though fully set

forth herein.
73.

Sweetgreen is and was at all times relevant to this Complaint a public

accommodation as defined by the NYSHRL, 15 N.Y. Exec. Law 292(9).

74.

Plaintiffs Pyyhkala and Farmer are persons with disabilities within the meaning of

NYSHRL, 15 N.Y. Exec. Law 292(21).

75.

Defendants failure to remove accessibility barriers to both its web site and

mobile application violates the NYSHRL, because removal of these barriers would not
fundamentally alter the nature of such facilities, privileges, advantages or accommodations,
and removal of the barriers is readily achievable. 15 N.Y. Exec. Law 296-2(c)(i)-(iii).
76.

Pursuant to NYSHRL, places of public accommodation must make reasonable

modifications in policies, practices, or procedures, when such modifications are necessary to

afford facilities, privileges, advantages or accommodations to individuals with disabilities. 15
N.Y. Exec. Law 296-2(c)(i).
77.

Defendants failure to make reasonable modifications to its web site and mobile

application sufficient to afford individuals with disabilities access to its goods, services,
facilities, privileges, advantages, or accommodations violates the NYSHRL and injured Plaintiffs
Pyyhkala and Farmer and the other members of the proposed Class by effectively denying them
access to its goods and services.

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COUNT III
Violation of the New York City Human Rights Law, N.Y.C. Admin. Code 8-101, et seq.
(On Behalf of All Plaintiffs and the Class)
78.

Plaintiffs incorporate by reference the foregoing allegations as though fully set

forth herein.
79.

Sweetgreen is and was at all times relevant to this Complaint a place or provider

of public accommodation, as defined by NYCHRL, N.Y.C. Admin. Code 8-102(9).

80.

Plaintiffs Pyyhkala and Farmer are persons with disabilities, as defined by

NYCHRL, N.Y.C. Admin. Code 8-102(16).

81.

Defendants failure to remove accessibility barriers to its web site and mobile

application violates the NYCHRL because Defendants are required to make reasonable
accommodation to enable a person with a disability to . . . enjoy the right or rights in question
provided that the disability is known or should have been known by the covered entity. N.Y.C.
Admin. Code 8-107(15)(a).
82.

Upon information and belief, prior to the specific complaints of Plaintiffs,

Sweetgreen knew or should have known that blind customers would not be able to place orders
through Sweetgreens web site or mobile application due to the lack of accessibility.
83.

After Plaintiffs Pyyhkala and Farmer complained about the lack of accessibility of

Sweetgreens web site or mobile application, Sweetgreen had actual notice that blind customers
were not able to place orders through Sweetgreens web site or mobile application due to the lack
of accessibility.
84.

Upon information and belief, before and after Plaintiff Pyyhkala complained on

April 19, 2015 about the lack of accessibility of Sweetgreens web site or mobile application,
Sweetgreen failed to remove these barriers, despite knowing that Sweetgreens web site and
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mobile application were inaccessible to blind customers in violation of New York City law.
PRAYER FOR RELIEF
Plaintiffs request that this Court:
A.

Declare that Sweetgreen has violated the ADA, the NYSHRL, and the NYCHRL;

B.

Enter a permanent injunction requiring Sweetgreen to remove accessibility

barriers to its web site and mobile application so that blind customers can place
orders with Sweetgreen in the same manner as sighted customers;

C.

Certify the proposed Class under Federal Rules 23(a) and (b)(2), or alternatively
under Rules 23(a) and (b)(3);

D.

Award Plaintiffs compensatory damages under the NYCHRL and NYSHRL;

E.

Award Plaintiffs punitive damages under the NYCHRL;

F.

Award Plaintiffs their costs and attorneys fees, including litigation expenses,
reasonably incurred in the prosecution of the action;

G.

Award any further relief as the court may deem appropriate.

Plaintiffs, by their counsel and pursuant to Rule 38(b) of the Federal Rules of Civil
Procedure, hereby demand a jury trial on all issues triable by a jury.
Dated: March 22, 2016
Respectfully Submitted,
/s/ Matthew K. Handley _____________
Matthew K. Handley
THE WASHINGTON LAWYERS COMMITTEE
FOR CIVIL RIGHTS AND URBAN AFFAIRS
11 Dupont Circle, NW, Suite 400
Washington, DC 20036
Phone: 202-319-1000
Fax: 202-219-1010
[email protected]
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Cyrus Joubin
43 West 43rd Street
Suite 119
New York, NY 10036
Phone: (703) 851-2467
Email: [email protected]
Counsel for Plaintiffs

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