Case: Frost v. Lion Brand Yarn Company

0:24-cv-00950 | U.S. District Court for the District of Minnesota

Filed Date: March 15, 2024

Case Ongoing

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Case Summary

This case, brought by legally blind Minnesota residents, alleged that an inaccessible website was in violation of the Americans with Disabilities Act against an inaccessible website. Plaintiffs sued Lions Brand Yarn Company on March 15, 2024, in U.S. District Court in the District of Minnesota. Plaintiffs, legally blind residents of Minnesota, set forth in their complaint that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12181, et seq., applies to online spaces and websites of public accommodations; accommodations compliant with the ADA include navigable features compatible with screen reader technology. Lion Brand Yarn Company is a company that produces knitting and craft yarn, and maintains an interactive, online business presence (www.lionbrand.com). Plaintiffs alleged that defendant’s website was not accessible to screen-reader users: Among other barriers, defendant’s website failed to alert screen readers to pop-up window contents, and maintained content which it did not make accessible to screen readers, such as in the form of non-text images, unordered lists, or color-coding. Plaintiffs alleged that the defendant’s website was not made fully and equally accessible to low-vision and/or blind individuals, in violation of the Americans with Disabilities Act in federal law and the Minnesota Human Rights Act in state law.

Plaintiffs sought relief in the form of a class action and a permanent injunction, which would require defendants to change their corporate policies and ensure that their website and online offerings are made fully, equally, and independently accessible to individuals with visual disabilities. Plaintiffs noted that as web-based technologies are regularly updated, a “one-time fix” is not an appropriate vehicle for injunctive-relief here: instead, a change in corporate policy is necessary to ensure long-term and continuing compliance with the ADA.

The matter was assigned to Judge Katherine M. Menendez.

On June 7, 2024, the defendant filed a motion to dismiss. In its motion, defendant argued that plaintiffs had failed to state a claim for a violation of Title III of the ADA, because the statute applies to “places of public accommodation.” Defendant argued that its website does not constitute a place of public accommodation within the meaning of the statute.

On July 12, 2024, plaintiffs filed an amended complaint. The court made an order on July 16, 2024, noting that, as plaintiffs had amended their complaint, defendant’s motion to dismiss was denied as moot. On July 30, 2024, defendant re-filed their motion to dismiss, which was substantially the same as their original motion to dismiss.

On February 6, 2025, the court issued its order, denying the defendant’s motion to dismiss. 765 F.Supp.3d 808. In responding to defendant’s claim that the plaintiffs had failed to make out a cognizable claim, the court observed that Title III of the ADA provides a broad definition of “public accommodation”, including places such as restaurants, movie theaters, and places of education. The court observed that websites were not expressly included as an example of a place of public accommodation, and that there was a circuit split (unresolved in the Eighth Circuit, where this matter was being heard) on whether a place of public accommodation must be a physical structure. Here, the court held that a website – even if it is not a physical structure – is a public accommodation for purposes of Title III of the ADA. The court held that while the statutory language itself left this issue open to interpretation, the was persuaded by the line of district court caselaw which took an expansive view on what fell within the scope of the ADA. Therefore, as defendant’s website constitutes a “place of public accommodation”, the court ruled it appropriate to deny the defendant’s motion to dismiss.

Since the motion to dismiss, pretrial scheduling notice and order has been released. However, no other significant case developments have occurred, and the case is pending further updates as of April 13, 2025.

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Summary Authors

Keren Yi (5/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68419875/parties/frost-v-lion-brand-yarn-company/

Judge(s)

Menendez, Katherine M (Minnesota)

Attorney for Plaintiff

Gustafson, Jason D (Minnesota)

Michenfelder, Patrick W (Minnesota)

Attorney for Defendant

Rusie, Jennifer S. (Minnesota)

Zwilling, Jennifer M (Minnesota)

Judge(s)

Menendez, Katherine M (Minnesota)

Attorney for Plaintiff

Gustafson, Jason D (Minnesota)

Michenfelder, Patrick W (Minnesota)

Attorney for Defendant

Rusie, Jennifer S. (Minnesota)

Zwilling, Jennifer M (Minnesota)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 0:24-cv-00950	Class Action Complaint	March 15, 2024	March 15, 2024 Complaint
14 0:24-cv-00950	Motion to Dismiss Plaintiffs' Complaint	June 7, 2024	June 7, 2024 Pleading / Motion / Brief
23 0:24-cv-00950	First Amended Class Action Complaint	July 12, 2024	July 12, 2024 Complaint
24 0:24-cv-00950	Motion to Dismiss Plaintiffs' Amended Complaint	July 30, 2024	July 30, 2024 Pleading / Motion / Brief
36 0:24-cv-00950	Order	Feb. 6, 2025	Feb. 6, 2025 Order/Opinion 765 F.Supp.3d 808

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/68419875/frost-v-lion-brand-yarn-company/

Last updated Nov. 1, 2025, 11:36 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Lion Brand Yarn Company (filing fee $ 405, receipt number AMNDC-10909746) filed by Clarence Frost, Tammy Frost. Filer requests summons issued. (Attachments: # 1 Civil Cover Sheet) (Michenfelder, Patrick) (Entered: 03/15/2024)	March 15, 2024	March 15, 2024 Clearinghouse
2	(Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Katherine M. Menendez per Civil (5th - Civil Rights: Housing/Accommodations, ADA Other) list, referred to Magistrate Judge Leo I. Brisbois. Please use case number 24-cv-950 KMM/LIB.Notice: All Nongovernmental Corporate Parties must file a Rule 7.1 Corporate Disclosure Statement. (CLK) (Entered: 03/15/2024)	March 15, 2024	March 15, 2024
3	Summons Issued as to Lion Brand Yarn Company. (CLK) (Entered: 03/15/2024)	March 15, 2024	March 15, 2024
4	SUMMONS Returned Executed by Clarence Frost, Tammy Frost. Lion Brand Yarn Company served on 3/20/2024, answer due 4/10/2024. (Michenfelder, Patrick) (Entered: 03/26/2024)	March 26, 2024	March 26, 2024
5	MOTION for Extension of Time to File Answer filed by Clarence Frost, Tammy Frost. (Michenfelder, Patrick) (Entered: 04/08/2024)	April 8, 2024	April 8, 2024
6	PROPOSED ORDER TO JUDGE re 5 MOTION for Extension of Time to File Answer filed by Clarence Frost, Tammy Frost.(Michenfelder, Patrick) (Entered: 04/08/2024)	April 8, 2024	April 8, 2024
7	ORDER granting 5 Motion for Extension of Time to Answer. Lion Brand Yarn Company answer due 4/30/2024. Signed by Magistrate Judge Leo I. Brisbois on 4/9/2024. (JLB) (Entered: 04/09/2024)	April 9, 2024	April 9, 2024
8	ORDER FOR PARTY TO FILE DOCUMENT/RESPOND TO COURT. Signed by Magistrate Judge Leo I. Brisbois on 5/28/2024.(JLB) (Entered: 05/28/2024)	May 28, 2024	May 28, 2024
10	PROPOSED ORDER TO JUDGE re 9 Stipulation. (Zwilling, Jennifer) (Entered: 05/31/2024)	May 31, 2024	May 31, 2024
9	STIPULATION to Extend the Time Period to File a Responsive Pleading by Lion Brand Yarn Company. Jointly Signed by Clarence Frost et. al. and Lion Brand Yarn Company. (Zwilling, Jennifer) (Entered: 05/31/2024)	May 31, 2024	May 31, 2024
11	ORDER on 9 Stipulation. Lion Brand Yarn Company answer due 6/7/2024. Signed by Magistrate Judge Leo I. Brisbois on 6/3/2024.(JLB) (Entered: 06/03/2024)	June 3, 2024	June 3, 2024
12	MOTION for Admission Pro Hac Vice for Attorney Jennifer S. Rusie. Filing fee $ 100, receipt number AMNDC-11095863 filed by Lion Brand Yarn Company. (Zwilling, Jennifer) (Entered: 06/05/2024)	June 5, 2024	June 5, 2024
13	(Text-Only) ORDER granting 12 Motion for Admission Pro Hac Vice of Attorney Jennifer S Rusie for Lion Brand Yarn Company. Approved by Magistrate Judge Leo I. Brisbois on 6/6/2024. (jam) (Entered: 06/06/2024)	June 6, 2024	June 6, 2024
	Order on Motion for Admission Pro Hac Vice	June 6, 2024	June 6, 2024
14	MOTION to Dismiss/General filed by Lion Brand Yarn Company. (Rusie, Jennifer) (Entered: 06/07/2024)	June 7, 2024	June 7, 2024 Clearinghouse
15	NOTICE OF HEARING ON MOTION 14 MOTION to Dismiss/General : Motion Hearing set for 8/7/2024 at 01:00 PM via zoom before Judge Katherine M. Menendez. (Rusie, Jennifer) Modified text on 6/10/2024 (MMP). (Entered: 06/07/2024)	June 7, 2024	June 7, 2024
16	MEMORANDUM in Support re 14 MOTION to Dismiss/General filed by Lion Brand Yarn Company. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Rusie, Jennifer) (Entered: 06/07/2024)	June 7, 2024	June 7, 2024
17	MEET and CONFER STATEMENT re 14 Motion to Dismiss/General filed by Lion Brand Yarn Company.(Rusie, Jennifer) (Entered: 06/07/2024)	June 7, 2024	June 7, 2024
18	PROPOSED ORDER TO JUDGE re 14 MOTION to Dismiss/General filed by Lion Brand Yarn Company.(Rusie, Jennifer) (Entered: 06/07/2024)	June 7, 2024	June 7, 2024
19	(Text-Only) NOTICE of Resetting of Hearing: Per request of the parties, the hearing regarding 14 MOTION to Dismiss/General set for 8/7/2024 at 01:00 PM in Courtroom 14W (MPLS) before Judge Katherine M. Menendez will be held via Video Conference (no courtroom). THIS IS A LOCATION CHANGE ONLY Notice to Public: Please visit our website at https://www.mnd.uscourts.gov/court-schedules for audio connection information for this hearing. Note that hearings might not appear on the court schedule or courthouse kiosk until one week before the hearing date.(KAT) (Entered: 06/10/2024)	June 10, 2024	June 10, 2024
20	STIPULATION re 14 MOTION to Dismiss/General to Extend the Time Period to File Responsive Pleadings by Lion Brand Yarn Company. Jointly Signed by Clarence Frost and Tammy Frost. (Rusie, Jennifer) (Entered: 06/24/2024)	June 24, 2024	June 24, 2024
21	PROPOSED ORDER TO JUDGE re 20 Stipulation. (Rusie, Jennifer) (Entered: 06/24/2024)	June 24, 2024	June 24, 2024
22	ORDER approving 20 Stipulation to Extend the Time to File Responsive Pleadings regarding 14 MOTION to Dismiss/General. Replies due by 7/26/2024. Responses due by 7/12/2024. Signed by Judge Katherine M. Menendez on 6/25/2024. (KAT) (Entered: 06/25/2024)	June 25, 2024	June 25, 2024
23	AMENDED COMPLAINT against Lion Brand Yarn Company. filed by Clarence Frost, Tammy Frost. No summons requested. (Michenfelder, Patrick) (Entered: 07/12/2024)	July 12, 2024	July 12, 2024 Clearinghouse
	1 - Terminate Deadlines and Hearings	July 16, 2024	July 16, 2024
	(Text-only) ORDER: Plaintiffs filed an amended complaint as a matter of course pursuant to Fed. R. Civ. P. 15(a)(1)(B). As a result, the pending Motion to Dismiss 14 is denied as moot. Defendant shall answer or otherwise respond to the Amended Complaint on or before July 30, 2024. The hearing set for 8/7/24 15 is canceled. If Defendant elects to file a new motion to dismiss directed to the Amended Complaint, defense counsel must contact the Court to obtain a new hearing date. Signed by Judge Katherine M. Menendez on 7/16/2024.(KD) Modified text on 7/17/2024 (CLK).	July 16, 2024	July 16, 2024
24	MOTION to Dismiss/General Amended Complaint filed by Lion Brand Yarn Company. (Rusie, Jennifer) (Entered: 07/30/2024)	July 30, 2024	July 30, 2024 Clearinghouse
25	MEMORANDUM in Support re 24 MOTION to Dismiss/General Amended Complaint filed by Lion Brand Yarn Company. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Rusie, Jennifer) (Entered: 07/30/2024)	July 30, 2024	July 30, 2024
26	MEET and CONFER STATEMENT re 24 Motion to Dismiss/General filed by Lion Brand Yarn Company.(Rusie, Jennifer) (Entered: 07/30/2024)	July 30, 2024	July 30, 2024
27	PROPOSED ORDER TO JUDGE re 24 MOTION to Dismiss/General Amended Complaint filed by Lion Brand Yarn Company.(Rusie, Jennifer) (Entered: 07/30/2024)	July 30, 2024	July 30, 2024
28	NOTICE OF HEARING ON MOTION 24 MOTION to Dismiss/General Amended Complaint : Motion Hearing set for 10/28/2024 at 01:00 PM in Video Conference (no courtroom) before Judge Katherine M. Menendez. (Rusie, Jennifer) (Entered: 07/30/2024)	July 30, 2024	July 30, 2024
29	MEMORANDUM in Opposition re 24 MOTION to Dismiss/General Amended Complaint filed by Clarence Frost, Tammy Frost. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Michenfelder, Patrick) (Entered: 08/20/2024)	Aug. 20, 2024	Aug. 20, 2024
30	STIPULATION re 24 MOTION to Dismiss/General Amended Complaint Joint Stipulation for Extension of Time to File Reply Brief by Lion Brand Yarn Company. (Rusie, Jennifer) (Entered: 08/29/2024)	Aug. 29, 2024	Aug. 29, 2024
31	PROPOSED ORDER TO JUDGE re 30 Stipulation. (Rusie, Jennifer) (Entered: 08/29/2024)	Aug. 29, 2024	Aug. 29, 2024
32	(Text-Only) ORDER granting 30 Stipulation for Extension of Time to File Reply Brief regarding 24 MOTION to Dismiss Amended Complaint. Defendant shall file its Reply in Support of the Motion to Dismiss on or before September 10, 2024. Ordered by Judge Katherine M. Menendez on 8/30/2024.(KAT) (Entered: 08/30/2024)	Aug. 30, 2024	Aug. 30, 2024
	Order on Stipulation	Aug. 30, 2024	Aug. 30, 2024
33	REPLY re 25 Memorandum in Support of Motion, 24 MOTION to Dismiss/General Amended Complaint filed by Lion Brand Yarn Company. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Rusie, Jennifer) (Entered: 09/10/2024)	Sept. 10, 2024	Sept. 10, 2024
34	(Text-Only) MINUTE ENTRY for proceedings held before Judge Katherine M. Menendez on 10/28/2024: Oral Arguments Motion Hearing.Court Reporter: Paula RichterMinneapolis Courthouse, Courtroom Video ConferenceTime: 1:12-1:59 PMTotal Time: 47 minsAPPEARANCES:For Plaintiff(s): Patrick MichenfelderFor Defendant(s): Jennifer Rusie PROCEEDINGS: Hearing on: 24 MOTION to Dismiss/General Amended Complaint filed by Lion Brand Yarn Company. Written order to be issued. (KD) (Entered: 10/28/2024)	Oct. 28, 2024	Oct. 28, 2024
35	NOTICE by Lion Brand Yarn Company re 25 Memorandum in Support of Motion (Rusie, Jennifer) (Entered: 11/05/2024)	Nov. 5, 2024	Nov. 5, 2024
36	ORDER denying 24 Motion to Dismiss/General. (Written Opinion) Signed by Judge Katherine M. Menendez on 2/6/2025. (BJP) (Entered: 02/06/2025)	Feb. 6, 2025	Feb. 6, 2025 Clearinghouse
37	STIPULATION re 23 Amended Complaint Joint Stipulation to Extend Time to File Responsive Pleading to Amended Complaint by Lion Brand Yarn Company. Jointly Signed by Clarence Frost and Tammy Frost. (Zwilling, Jennifer) (Entered: 02/19/2025)	Feb. 19, 2025	Feb. 19, 2025
38	PROPOSED ORDER TO JUDGE re 37 Stipulation. (Zwilling, Jennifer) (Entered: 02/19/2025)	Feb. 19, 2025	Feb. 19, 2025
39	ORDER on 37 Stipulation. Lion Brand Yarn Company answer due 3/14/2025. Signed by Magistrate Judge Leo I. Brisbois on 2/20/2025.(JLB) (Entered: 02/20/2025)	Feb. 20, 2025	Feb. 20, 2025
40	PRETRIAL SCHEDULING NOTICE AND ORDER: See Notice and Order for document submission deadlines. Signed by Magistrate Judge Leo I. Brisbois on 2/27/2025. (Attachments: # 1 The Case of Aggressive Civility, # 2 Consent Form)(JLB) (Entered: 02/27/2025)	Feb. 27, 2025	Feb. 27, 2025
41	AMENDED PRETRIAL SCHEDULING NOTICE AND ORDER: See Notice and Order for document submission deadlines. Signed by Magistrate Judge Leo I. Brisbois on 2/27/2025. (Attachments: # 1 The Case of Aggressive Civility, # 2 Consent Form)(JLB) (Entered: 03/14/2025)	March 14, 2025	March 14, 2025
42	ANSWER to 23 Amended Complaint filed by Lion Brand Yarn Company. (Rusie, Jennifer) (Entered: 03/14/2025)	March 14, 2025	March 14, 2025
43	REPORT of Rule 26(f) Planning Meeting. Filed by Clarence Frost, Tammy Frost.(Michenfelder, Patrick) (Entered: 03/26/2025)	March 26, 2025	March 26, 2025
44	STATEMENT OF CASE as to Clarence Frost, Tammy Frost. (Michenfelder, Patrick) (Entered: 03/26/2025)	March 26, 2025	March 26, 2025 RECAP
45	(Text-Only) NOTICE of Non-Compliance to attorney Jennifer M Zwilling, Jennifer S Rusie. re: 41 Scheduling Order Statement of the Case not filed on CM/ECF. Confidential letter not emailed to chambers. Civitily article signature pages not emailed to chambers Please contact the appropriate chambers if further direction is needed. (JLB) (Entered: 03/31/2025)	March 31, 2025	March 31, 2025
46	STATEMENT OF CASE as to Lion Brand Yarn Company. (Rusie, Jennifer) (Entered: 04/03/2025)	April 3, 2025	April 3, 2025
47	PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 8/31/2025. Fact Discovery due by 2/28/2026. Expert Discovery due by 2/28/2026. Joinder of Parties due by 8/31/2025. Motions (non-disp) due 3/31/2026. Motions (disp) due by 4/30/2026. Ready for trial due by 6/30/2026. Signed by Magistrate Judge Leo I. Brisbois on 4/28/2025.(JLB) (Entered: 04/28/2025)	April 28, 2025	April 28, 2025