Anderson v. Macy's, Inc.

• Citation: 943 F.Supp.2d 531
• Decision Date: 02 May 2013
• Docket Number: Civil Action No. 2:12–cv–556.
• Parties: Christina ANDERSON, Plaintiff, v. MACY'S, INC., Macy's East, & Macy's Central, Defendants.
• Court: U.S. District Court — Western District of Pennsylvania

943 F.Supp.2d 531

Christina ANDERSON, Plaintiff,

v.MACY'S, INC., Macy's East, & Macy's Central, Defendants.

Civil Action No. 2:12–cv–556.

United States District Court, W.D. Pennsylvania.

May 2, 2013.

Christina Anderson, Pittsburgh, PA, pro se.

Philip J. Murray, III, Dinsmore & Shohl, LLP, Pittsburgh, PA, for Defendants.

OPINION

MARK R. HORNAK, District Judge.

Christina Anderson (“Anderson”) filed this suit under Title III of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), alleging that she is a disabled person under that statute and that Defendants' retail stores are public accommodations under the ADA which fail to comply with ADA standards by what she considered to be negatively disparate product placement and pricing of “plus-sized” women's clothing.¹

Before the Court is a Motion filed by Defendants Macy's Incorporated, Macy's East, and Macy's Central (collectively “Macy's”), to dismiss all of her claims for lack of standing on her part to bring them, and for a failure to state a claim. The Court has considered the parties' moving, opposition and reply papers, and for the reasons that follow, the Court grants Defendant's Motion to Dismiss for lack of standing, without prejudice. Plaintiff shall be allotted 30 days from the date of this Opinion and accompanying Order to file an Amended Complaint supporting the factual and legal basis for her individual standing to prosecute the claim that will remain in this action, consistent with this Opinion. In that regard, after conducting the review mandated by 28 U.S.C. § 1915, the Court further concludes that Anderson's Amended Complaint fails to state a claim for relief under Title III of the ADA, except to the extent that she seeks injunctive and/or declaratory relief due to Macy's alleged failure to remove certain barriers, 42 U.S.C. § 12182(b)(2)(A)(iv). All claims but that one are dismissed with prejudice, in that any attempted amendment would be futile.

I. Background

In assessing the plausibility of the allegations of Anderson's Amended Complaint, we must take her allegations as true. According to her Amended Complaint, Plaintiff is “disabled” as defined by the ADA, in that she has a qualifying impairment that interferes with a major life function. Am. Compl. ¶ ¶ 18, 54–59. More specifically, Anderson alleges that she suffers from a thyroid disorder (hypothyroidism), arthritic damage, osteomalacia, hypertension, fibromyalgia, major depression, personality disorder, and anxiety. Id. ¶¶ 26–46, 54–59. The Plaintiff alleges that she is obese as a symptom and result of her many health and mental conditions, and as a side effect of her use of a multitude of prescription medications. Id. ¶¶ 32–36. Due to her illnesses, Anderson is required to take these nine (9) medications that she says cause or contribute to her obesity. Id. ¶¶ 38–45, 58. Anderson alleges that her obesity is a part of her disabling condition and that it substantially limits major life activities, including walking, standing, sitting,reaching, lifting, bending, and working. Id. ¶¶ 56–59.

On or about December 15, 2010, Anderson was shopping in the women's intimates and nightwear department at a Macy's store in the Frazer Heights Galleria located in Tarentum, Pennsylvania. Id. ¶¶ 60–61. When Anderson went to purchase a plus-sized ² nightgown that she thought was on sale, she was told that the “petites and average size items were on sale but the larger sizes” were at the regular price even though the items were otherwise “identical” in that they were made by the same manufacturer, of the same fabric, as well as being the same color and style. Id. ¶¶ 62–66. Plaintiff then spoke with the store supervisor who confirmed that the stated pricing was accurate. Id. ¶¶ 67–69. After Anderson complained that she thought the situation was discriminatory, the supervisor “stated that the larger sizes are always listed at a higher price” but ultimately gave Anderson the sale discount on her purchase. Id. ¶¶ 70–72. This situation caused Anderson great embarrassment and she did not return to the Frazer Heights Galleria store in the months following the incident. Id. ¶¶ 73–74.

Plaintiff later shopped at the Macy's in Monroeville Mall in Monroeville, Pennsylvania where she noticed that identical brands of clothing in the average and petite sizes were less expensive than plus-size clothing. Id. ¶¶ 75–78. Further, the smaller clothing sizes were often on sale, but the identical plus-size clothing was not. Id. ¶ 79. The Plaintiff asked a sales clerk about the higher prices for plus-sized clothing, and the clerk said that the extra cost was due to the additional fabric costs associated with making larger clothing. Id. ¶ 81. However, when Anderson asked why petite sizes were not less expensive than average clothing that is larger and requires more material, the clerk did not answer and walked away. Id.

From August 18, 2011 through April 12, 2012, Plaintiff says that she visited and surveyed numerous other Macy's stores. Id. ¶ 82. In Pennsylvania she visited stores in Monroeville, Monaca, West Mifflin, downtown Pittsburgh, Tarentum, Altoona, Monroeville, Robinson Town Center, Ross Park Mall, Hermitage, South Hills Village Mall, Washington, Homestead, and Greensburg. Id. She also visited stores in Niles, Steubenville, Clairsville, and Youngstown in Ohio. Id.

In addition to higher prices, Anderson also alleges that the plus-sized clothing section at Macy's is “segregated” from the smaller-sized clothing sections. Id. ¶ 90. Anderson alleges that the plus-sized clothing in some stores is placed on an entirely different level of the store than all the other women's clothing, id. ¶ 94, and, in some instances, is located “as far removed as possible” from the smaller sizes. Id. ¶¶ 96–97. Because the plus-sized department is located in the back, it is “inconvenient” and “more difficult to reach in that it is much farther from main entrances.” Id. ¶¶ 113–19. The Plaintiff alleges that these decisions appeared to be “maliciously chosen since there was no reasonable explanation for the segregation.” Id. ¶ 91.

Anderson further alleges that accessory items such as jewelry, cosmetics, fragrances,and other “departments that might be of interest to women” are placed farther away from the plus-sized clothing section, but located conveniently near the smaller clothing sizes. Id. ¶¶ 102–106. She notes that placement of the plus-sized department away from other sections, such as shoes and jewelry, but close to bedding, kitchen ware, public restrooms, and staff lounges is “insulting” and “inconvenient.” Id. ¶¶ 102–12, 119–20. Anderson also alleges that the space between the aisles in the plus-size clothing section is narrower than other sections, which makes it difficult for people with her disability to shop. Id. ¶ 121. Finally, Anderson purports that the space allocated to and selection of clothing for people with her disability is considerably smaller than the selection for non-disabled customers. Id. ¶¶ 122–23.

In her Amended Complaint, Anderson alleges that Maey's stores are public accommodations that employ practices that violate Title III of the ADA in that they impose an illegal surcharge by charging higher prices for items based on their size, and provide separate and unequal benefits to disabled persons because the plus-sized department is in a different, less preferable part of the store than other women's clothing, is smaller than other departments, and is laid out in a way that makes it difficult for obese people to maneuver in them. Id. ¶¶ 83–125. Anderson seeks declaratory and injunctive relief as well as monetary damages and a civil penalty. Id. at pp. 19–20.

Plaintiff's Motion for Leave to Proceed in forma pauperis (“IFP”) was granted on August 2, 2012. ECF No. 3.³ Anderson filed an Amended Complaint on September 5, 2012. Am. Compl.; ECF No. 5. Defendants filed a Motion to Dismiss the Amended Complaint on October 3, 2012. ECF Nos. 7, 10. Plaintiff filed a Response, ECF No. 12, Defendant filed a Reply, ECF No. 13, and Plaintiff filed a Sur–Reply. ECF No. 14.

II. Standard

A. Pro Se Litigants

Pro se pleadings, “however inartfully pleaded,” must be held to “less stringent standards than formal pleadings drafted by lawyers.” Haines v. Kerner, 404 U.S. 519, 520–21, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972); Brown v. City of Long Branch, 380 Fed.Appx. 235, 238 (3d Cir.2010) ( “Pro se complaints, however, must be ‘liberally construed’ and ‘held to less stringent standards than formal pleadings drafted by lawyers[.]’ ” (quoting Erickson v. Pardus, 551 U.S. 89, 94, 127 S.Ct. 2197, 167 L.Ed.2d 1081 (2007))). Because Plaintiff is a pro se litigant, this Court may consider facts and make inferences where it is appropriate.⁴

B. Motion to Dismiss Pursuant to 12(b)(6)

To survive a motion to dismiss under Fed.R.Civ.P. 12(b)(6), a complaint must allege“enough facts to state a claim for relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). “The District Court must accept the complaint's well-pleaded facts as true, but may disregard any legal conclusions.” Fowler v. UPMC Shadyside, 578 F.3d 203, 210 (3d Cir.2009) (citing Ashcroft v. Iqbal, 556 U.S. 662, 663, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009)). “Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Iqbal, 556 U.S. at 678, 129 S.Ct. 1937. In short, a motion to dismiss should be granted if a party does not allege facts which could, if established at trial, entitle him to relief. See Fowler, 578 F.3d at 211.

C. In Forma Pauperis Litigants

“Although Section 1915 refers to ‘prisoners', Federal courts apply Section 1915 to non-prisoner IFP applications.” Hickson v. Mauro, No. 11–6304 NLH, 2011 WL 6001088, at *1 (D.N.J. Nov. 30, 2011). Under 28 U.S.C. § 1915(e)(2), when a plaintiff (such as Plaintiff) proceeds in forma pauperis, “the cour...