Carroll v. Roanoke Valley Cmty. Credit Union

Full title: KEITH CARROLL, Plaintiff, v. ROANOKE VALLEY COMMUNITY CREDIT UNION…

Court: UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA ROANOKE DIVISION

Case No. 7:17cv00469

Date published: Jun 11, 2018

Fact:

Plaintiff Keith Carroll, who is permanently blind, brings this action pursuant to the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. § 12181 et seq., alleging he is denied full use and enjoyment of defendant Roanoke Valley Community Credit Union’s website in violation of federal law. Carroll seeks preliminary and permanent injunctive relief, as well as his costs and attorneys’ fees. RVCCU moves to dismiss Carroll’s complaint, arguing a website is not a place of public accommodation under the ADA and, in any event, Carroll lacks standing to bring this claim. The National Association of Federally-Insured Credit Unions, as amicus curiae, filed a brief in support of RVCCU’s motion to dismiss.

Issue:

CONCLUSION:

For these reasons, defendant’s motion to dismiss will be granted and this case dismissed for lack of subject matter jurisdiction pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. As such, the court need not address the other arguments raised by defendant on brief.

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