Domen v. Vimeo, Inc., No. 20-616 (2d Cir. 2021)Annotate this Case
The Second Circuit vacated its previous opinion and filed an amended opinion in its place.
Plaintiff and Church United filed suit against Vimeo, alleging that the company discriminated against them by deleting Church United’s account from its online video hosting platform. Plaintiffs claimed that Vimeo discriminated against them based on sexual orientation and religion under federal and state law. The district court concluded that Vimeo deleted Church United's account because of its violation of one of Vimeo's published content policies barring the promotion of sexual orientation change efforts (SOCE) on its platform.
The court agreed with the district court that Section 230(c)(2) of the Communications Decency Act protects Vimeo from this suit and that plaintiffs have failed to state a claim for relief. In this case, plaintiffs argue that Vimeo demonstrated bad faith by discriminating against them based on their religion and sexual orientation, which they term "former" homosexuality; deleting Church United's entire account, as opposed to only the videos at issue; and permitting other videos with titles referring to homosexuality to remain on the website. However, the court concluded that plaintiffs' conclusory allegations are insufficient to raise a plausible inference of bad faith sufficient to survive a motion to dismiss. The court explained that Vimeo removed plaintiffs' account for expressing pro-SOCE views which it in good faith considers objectionable, and plaintiffs, while implicitly acknowledging that their content violated Vimeo's Terms of Service, nevertheless ignored Vimeo's notice of violation, resulting in Vimeo deleting their account.
Plaintiffs have also failed to state a claim under either the New York Sexual Orientation Non-Discrimination Act or the California Unruh Act. Because plaintiffs make no allegation suggesting that Vimeo removed their content for any reason other than this violation of the Terms of Service, plaintiffs' allegations lack the substance required to support an inference of discriminatory intent.
This opinion or order relates to an opinion or order originally issued on March 11, 2021.