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

Clearinghouse coding complete

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 …

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.

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)

Documents in the Clearinghouse

Documents in this case
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

Docket

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

Last updated July 1, 2026, 7:35 a.m.

ECF Number Date Description Link
1 March 15, 2024

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)

Clearinghouse
2 March 15, 2024

(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)

RECAP
3 March 15, 2024

Summons Issued as to Lion Brand Yarn Company. (CLK) (Entered: 03/15/2024)

RECAP
4 March 26, 2024

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)

RECAP
5 April 8, 2024

MOTION for Extension of Time to File Answer filed by Clarence Frost, Tammy Frost. (Michenfelder, Patrick) (Entered: 04/08/2024)

RECAP
6 April 8, 2024

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)

RECAP
7 April 9, 2024

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)

RECAP
8 May 28, 2024

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)

RECAP
9 May 31, 2024

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)

RECAP
10 May 31, 2024

PROPOSED ORDER TO JUDGE re 9 Stipulation. (Zwilling, Jennifer) (Entered: 05/31/2024)

RECAP
11 June 3, 2024

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)

RECAP
12 June 5, 2024

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)

RECAP
13 June 6, 2024

(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)

RECAP
June 6, 2024

Order on Motion for Admission Pro Hac Vice

14 June 7, 2024

MOTION to Dismiss/General filed by Lion Brand Yarn Company. (Rusie, Jennifer) (Entered: 06/07/2024)

Clearinghouse
15 June 7, 2024

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)

RECAP
16 June 7, 2024

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)

RECAP
17 June 7, 2024

MEET and CONFER STATEMENT re 14 Motion to Dismiss/General filed by Lion Brand Yarn Company.(Rusie, Jennifer) (Entered: 06/07/2024)

RECAP
18 June 7, 2024

PROPOSED ORDER TO JUDGE re 14 MOTION to Dismiss/General filed by Lion Brand Yarn Company.(Rusie, Jennifer) (Entered: 06/07/2024)

RECAP
19 June 10, 2024

(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)

RECAP
20 June 24, 2024

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)

RECAP
21 June 24, 2024

PROPOSED ORDER TO JUDGE re 20 Stipulation. (Rusie, Jennifer) (Entered: 06/24/2024)

RECAP
22 June 25, 2024

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)

RECAP
23 July 12, 2024

AMENDED COMPLAINT against Lion Brand Yarn Company. filed by Clarence Frost, Tammy Frost. No summons requested. (Michenfelder, Patrick) (Entered: 07/12/2024)

Clearinghouse
July 16, 2024

1 - Terminate Deadlines and Hearings

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).

24 July 30, 2024

MOTION to Dismiss/General Amended Complaint filed by Lion Brand Yarn Company. (Rusie, Jennifer) (Entered: 07/30/2024)

Clearinghouse
25 July 30, 2024

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)

RECAP
26 July 30, 2024

MEET and CONFER STATEMENT re 24 Motion to Dismiss/General filed by Lion Brand Yarn Company.(Rusie, Jennifer) (Entered: 07/30/2024)

RECAP
27 July 30, 2024

PROPOSED ORDER TO JUDGE re 24 MOTION to Dismiss/General Amended Complaint filed by Lion Brand Yarn Company.(Rusie, Jennifer) (Entered: 07/30/2024)

RECAP
28 July 30, 2024

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)

RECAP
29 Aug. 20, 2024

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)

RECAP
30 Aug. 29, 2024

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)

RECAP
31 Aug. 29, 2024

PROPOSED ORDER TO JUDGE re 30 Stipulation. (Rusie, Jennifer) (Entered: 08/29/2024)

RECAP
32 Aug. 30, 2024

(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)

RECAP
Aug. 30, 2024

Order on Stipulation

33 Sept. 10, 2024

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)

RECAP
34 Oct. 28, 2024

(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)

RECAP
35 Nov. 5, 2024

NOTICE by Lion Brand Yarn Company re 25 Memorandum in Support of Motion (Rusie, Jennifer) (Entered: 11/05/2024)

RECAP
36 Feb. 6, 2025

ORDER denying 24 Motion to Dismiss/General. (Written Opinion) Signed by Judge Katherine M. Menendez on 2/6/2025. (BJP) (Entered: 02/06/2025)

Clearinghouse
37 Feb. 19, 2025

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)

RECAP
38 Feb. 19, 2025

PROPOSED ORDER TO JUDGE re 37 Stipulation. (Zwilling, Jennifer) (Entered: 02/19/2025)

RECAP
39 Feb. 20, 2025

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)

RECAP
40 Feb. 27, 2025

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)

RECAP
41 March 14, 2025

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)

RECAP
42 March 14, 2025

ANSWER to 23 Amended Complaint filed by Lion Brand Yarn Company. (Rusie, Jennifer) (Entered: 03/14/2025)

RECAP
43 March 26, 2025

REPORT of Rule 26(f) Planning Meeting. Filed by Clarence Frost, Tammy Frost.(Michenfelder, Patrick) (Entered: 03/26/2025)

RECAP
44 March 26, 2025

STATEMENT OF CASE as to Clarence Frost, Tammy Frost. (Michenfelder, Patrick) (Entered: 03/26/2025)

RECAP
45 March 31, 2025

(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)

RECAP
46 April 3, 2025

STATEMENT OF CASE as to Lion Brand Yarn Company. (Rusie, Jennifer) (Entered: 04/03/2025)

RECAP
47 April 28, 2025

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)

RECAP
60 Dec. 31, 2025

Order on Motion for Discovery

RECAP
61 Feb. 2, 2026

Scheduling Order

RECAP
March 12, 2026

Order Cancelling Deadline & Hearing

June 17, 2026

Order on Stipulation

Case Details

State / Territory:

Minnesota

Case Type(s):

Disability Rights

Public Accommodations/ Contracting/ Organizational Discrimination

Key Dates

Filing Date: March 15, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are legally blind residents of Minnesota

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Private Entity/Person

Lions Brand Yarn Company

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Other Dockets:

District of Minnesota 0:24-cv-00950

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Access to public accommodations - privately owned

Disability and Disability Rights:

Reasonable Accommodations

Reasonable Modifications

Screen readers and similar accessibility devices

Visual impairment

Recommended Citation