Filed in April by two Washington, D.C., residents, the suit alleged that Kozmo drew its service territories to exclude predominantly black neighborhoods. Kozmo has denied the charges, and today Judge June Green denied the plaintiffs' request to extend court deadlines and threw the case out.
Green also precluded the plaintiffs from refiling their allegations in any federal court, according to a Kozmo statement.
Kozmo, based in New York, is a Web convenience store operating in 11 cities that says it can deliver entertainment and sundry goods to customers in an hour. Kenneth Trevathan, the company's chief operating officer, said Kozmo has always stood for diversity.
"Our business model has always considered many factors in determining our delivery areas," he said. "Race is not and never has been a factor in our analysis."