Filed Date: June 1, 2022
Case Ongoing
Clearinghouse coding complete
This is a case about challenging the inaccessibility of sidewalks in the East Mount Eden neighborhood of the Bronx, New York. On June 1, 2022, Disability Rights New York, alongside two plaintiffs representing a class of similarly affected individuals (all people with mobility and vision disabilities who use or will use sidewalks and pedestrian street crossings in the East Mount Eden neighborhood), filed this lawsuit in the United States District Court for the Southern District of New York. The plaintiffs sued the City of New York, the New York City Police Department, the New York City Department of Transportation, and specific city officials under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and the New York City Human Rights Law (NYCHRL). Represented by attorneys from Disability Rights New York, the plaintiffs sought declaratory and injunctive relief, as well as monetary damages for the named plaintiffs. They claimed that the defendants had failed to maintain pedestrian pathways in the East Mount Eden neighborhood that are accessible to individuals with mobility and vision disabilities, thereby discriminating against them.
The plaintiffs outlined the geographical scope of their claim to include the area around Claremont Park and the BronxCare Health Services Hospital in the East Mount Eden neighborhood, bordered by Jerome Avenue, Clay Avenue, 170th Street, and 174th Street. The lawsuit accused the defendants of neglecting to provide accessible pedestrian pathways, resulting in violations of the ADA, Section 504, and the NYCHRL. The inaccessibility issues highlighted included parked vehicles blocking curb cuts and intersections, barriers on sidewalks such as trash cans, debris, cracks, and potholes, and a general failure to enforce parking regulations that ensure clear pathways for people with disabilities.
The two plaintiffs, one who uses a wheelchair due to cerebral palsy and the other who has a visual disability caused by keratoconus, shared their personal experiences to illustrate the impact of these barriers. They reported physical and mental harm due to the inaccessibility of their neighborhood, including being unable to navigate sidewalks, cross streets, access public transportation, and participate fully in their community. The lawsuit detailed how the named plaintiffs and others with similar disabilities are deprived of their rights to access public spaces and services, causing significant distress and isolation.
The lawsuit also chronicled the plaintiffs' unsuccessful attempts to resolve these issues through city channels. Despite numerous complaints to city agencies, meetings with hospital officials, and outreach to local elected representatives, the conditions remained unchanged. The plaintiffs emphasized the city's lack of concrete action to address the reported barriers, including the failure of the NYPD to enforce parking regulations effectively and the Department of Transportation's neglect in maintaining accessible pedestrian infrastructure.
In seeking legal redress, the plaintiffs requested the court to order the city to make immediate and long-term changes to ensure the accessibility of pedestrian pathways in the East Mount Eden neighborhood. They asked for the removal of obstacles and vehicles that block access, the repair of damaged sidewalks and curb cuts, and the implementation of policies to prevent future discrimination against individuals with disabilities. Additionally, they sought compensatory and punitive damages for the named plaintiffs, as well as coverage of legal fees and costs.
The lawsuit is ongoing.
Summary Authors
Carlos Larrauri (3/31/2024)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63352125/parties/disability-rights-new-york-v-city-of-new-york/
Asbee, Christina N. (New York)
Hudson, Jesse Edward (New York)
Hui, Jacqueline (New York)
Lulich, Aimee Kara (New York)
Bannon, Zachary (New York)
See docket on RECAP: https://www.courtlistener.com/docket/63352125/disability-rights-new-york-v-city-of-new-york/
Last updated Aug. 10, 2025, 3:14 a.m.
State / Territory: New York
Case Type(s):
Key Dates
Filing Date: June 1, 2022
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Disability Rights New York, alongside two plaintiffs representing a class of similarly affected individuals (all people with mobility and vision disabilities who use or will use sidewalks and pedestrian street crossings in the East Mount Eden neighborhood), challenging the inaccessibility of sidewalks in the Bronx, New York.
Plaintiff Type(s):
Non-profit NON-religious organization
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Unknown
Defendants
City of New York (New York), City
New York City Police Department (New York), City
New York City Department of Transportation (New York), City
Defendant Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Content of Injunction:
Develop anti-discrimination policy
Issues
General/Misc.:
Access to public accommodations - governmental
Disability and Disability Rights:
Discrimination Area:
Discrimination Basis: