Torres

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

Now before the Court is the motion by the defendants Televents, Inc., and AT & T Broadband, LLC (collectively, “the defendants”) to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). After careful review and consideration of the papers submitted, and having heard oral argument on March 30, 2001, the defendants’ motion to dismiss is GRANTED.

BACKGROUND

This is a disability discrimination lawsuit. The plaintiff is a visually impaired man who is bringing suit against the defendants pursuant to the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12181 et seq (“the ADA”). The plaintiff, who is a subscriber to the defendants’ digital cable system, claims that the defendants are required to make the channel on which the defendants provide a list of available programs (“the channel menu”) accessible to the visually impaired. The plaintiff asserts that the defendants’ refusal to change their service to make it more accessible to the visually impaired constitutes discrimination in violation of the ADA.

DISCUSSION

I. STANDARD OF REVIEW FOR A RULE 12(b)(6) MOTION TO DISMISS

A motion to dismiss for failure to state a claim is…