Federal Court Dismisses ADA Website Lawsuit Against Surreal Creamery Operator for Lack of Physical Nexus

On June 29, 2026, the United States District Court for the District of New Jersey granted a motion to dismiss a putative class action lawsuit accusing Iveley, LLC of violating Title III of the Americans with Disabilities Act (ADA). The dismissal was issued without prejudice.

Background and Allegations

The plaintiff, a legally blind individual who uses the NonVisual Desktop Access (NVDA) screen reader, originally filed the lawsuit on May 2, 2025. Iveley, LLC owns and operates surrealcreamery.com, an online platform where customers can review menu items and order ice cream.

According to the complaint, the plaintiff tried accessing the site from home on multiple occasions—most recently on January 20, 2025—to order ice cream. The plaintiff encountered multiple accessibility barriers, including:

• Missing alternative text for images
• Hidden page elements
• Poorly formatted lists
• Unannounced pop-up elements
• Unclear labels on interactive elements
• Functions requiring the use of a computer mouse

The plaintiff asserted that failure to meet the Web Content Accessibility Guidelines (WCAG) 2.1 constituted intentional discrimination under the ADA. The suit sought to represent a nationwide class of legally blind individuals denied equal access to the site, requesting declaratory and injunctive relief, nominal damages, interest, and legal fees.

The Legal Analysis

Iveley, LLC moved to dismiss the complaint on September 5, 2025, arguing that the plaintiff lacked Article III standing due to the absence of concrete injury and that the website was not a public accommodation under the ADA.

The court resolved the motion under Federal Rule of Civil Procedure 12(b)(6) without deciding the constitutional standing question under Rule 12(b)(1). In the Third Circuit, statutory protections under Title III of the ADA are limited to physical places of public accommodation. Consequently, a website falls under Title III only if there is a sufficient nexus between the digital service and a physical location.

The court determined that the complaint described accessibility barriers solely on surrealcreamery.com without connecting them to any physical establishment operated by Iveley, LLC. The plaintiff's only reference to a physical space was that the website allowed visitors to check the defendant's services and location. Because standalone website accessibility claims are not recognized without a connection to a brick-and-mortar location, the court found the plaintiff failed to state an ADA discrimination claim.

Additionally, the court dismissed the plaintiff's second count seeking declaratory relief, noting that declaratory judgment is a legal remedy rather than an independent cause of action.

Further case details and court records are available in the official case filing.