Case: Disability Rights New York v. City of New York

1:22-cv-04493 | U.S. District Court for the Southern District of New York

Filed Date: June 1, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

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 …

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

(3/31/2024)

People

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/


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Documents in the Clearinghouse

Document
1

1:22-cv-04493

Class Action Complaint and Demand for Jury Trial

June 1, 2022

June 1, 2022

Complaint
38

1:22-cv-04493

Order

June 9, 2022

June 9, 2022

Order/Opinion
58

1:22-cv-04493

Opinion & Order

Sept. 28, 2023

Sept. 28, 2023

Order/Opinion

2023 WL 2023

68

1:22-cv-04493

Mediation Referral Order

Jan. 23, 2024

Jan. 23, 2024

Order/Opinion
67

1:22-cv-04493

Order

Jan. 23, 2024

Jan. 23, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63352125/disability-rights-new-york-v-city-of-new-york/

Last updated April 14, 2024, 9:55 p.m.

ECF Number Description Date Link Date / Link
1

Complaint

June 1, 2022

June 1, 2022

Clearinghouse
2

Civil Cover Sheet

June 1, 2022

June 1, 2022

PACER
3

Request for Issuance of Summons

June 1, 2022

June 1, 2022

PACER
4

Request for Issuance of Summons

June 1, 2022

June 1, 2022

PACER
5

Request for Issuance of Amended Summons

June 1, 2022

June 1, 2022

PACER
6

Request for Issuance of Amended Summons

June 1, 2022

June 1, 2022

PACER
7

Request for Issuance of Summons

June 1, 2022

June 1, 2022

PACER
8

Request for Issuance of Summons

June 1, 2022

June 1, 2022

PACER

Notice to Attorney Regarding Party Modification

June 2, 2022

June 2, 2022

PACER

Notice to Attorney Regarding Deficient Civil Cover Sheet

June 2, 2022

June 2, 2022

PACER

Case Opening Initial Assignment Notice

June 2, 2022

June 2, 2022

PACER

Notice to Attorney Regarding Deficient Request for Issuance of Summons

June 2, 2022

June 2, 2022

PACER
9

Civil Cover Sheet

June 2, 2022

June 2, 2022

PACER
10

Request for Issuance of Summons

June 2, 2022

June 2, 2022

PACER
11

Request for Issuance of Summons

June 2, 2022

June 2, 2022

PACER
12

Request for Issuance of Summons

June 2, 2022

June 2, 2022

PACER
13

Request for Issuance of Summons

June 2, 2022

June 2, 2022

PACER
14

Request for Issuance of Summons

June 2, 2022

June 2, 2022

PACER
15

Request for Issuance of Summons

June 2, 2022

June 2, 2022

PACER
16

Temporary Restraining Order

June 2, 2022

June 2, 2022

PACER
17

Affidavit in Support of Motion

June 2, 2022

June 2, 2022

PACER
18

Declaration in Support of Motion

June 2, 2022

June 2, 2022

PACER
19

Affirmation in Support of Motion

June 2, 2022

June 2, 2022

PACER
20

Summons Issued

June 2, 2022

June 2, 2022

PACER
21

Summons Issued

June 2, 2022

June 2, 2022

PACER
22

Summons Issued

June 2, 2022

June 2, 2022

PACER
23

Summons Issued

June 2, 2022

June 2, 2022

PACER
24

Summons Issued

June 2, 2022

June 2, 2022

PACER
25

Summons Issued

June 2, 2022

June 2, 2022

PACER
26

Order to Show Cause

June 2, 2022

June 2, 2022

PACER
27

Notice of Appearance

June 3, 2022

June 3, 2022

PACER
28

Letter

June 3, 2022

June 3, 2022

PACER
29

Affidavit of Service Complaints

June 7, 2022

June 7, 2022

PACER
30

Affidavit of Service Complaints

June 7, 2022

June 7, 2022

PACER
31

Affidavit of Service Complaints

June 7, 2022

June 7, 2022

PACER
32

Declaration in Opposition to Motion

June 7, 2022

June 7, 2022

PACER
33

Declaration in Opposition to Motion

June 7, 2022

June 7, 2022

PACER
34

Declaration in Opposition to Motion

June 7, 2022

June 7, 2022

PACER
35

Notice of Appearance

June 8, 2022

June 8, 2022

PACER
36

Reply Memorandum of Law in Support of Motion

June 8, 2022

June 8, 2022

PACER
37

Reply Affidavit in Support of Motion

June 8, 2022

June 8, 2022

PACER

~Util - Set Deadlines AND Show Cause Hearing

June 9, 2022

June 9, 2022

PACER
38

ORDER: denying 16 Motion for TRO. For the reasons set forth on the record at today's hearing, plaintiffs' request for a preliminary injunction is denied. The Clerk of Court is respectfully directed to terminate the motion, Doc. 16. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 6/09/2022) (ama)

June 9, 2022

June 9, 2022

Clearinghouse
39

Transcript

June 28, 2022

June 28, 2022

PACER
40

Notice of Filing Transcript

June 28, 2022

June 28, 2022

PACER
41

Answer to Complaint

July 8, 2022

July 8, 2022

PACER
42

Notice of Hearing

July 26, 2022

July 26, 2022

PACER
43

Conference

Aug. 12, 2022

Aug. 12, 2022

PACER

Order on Motion for Conference

Aug. 16, 2022

Aug. 16, 2022

PACER
45

Response to Motion

Aug. 19, 2022

Aug. 19, 2022

PACER

~Util - Set Deadlines AND Pre-Motion Conference

Aug. 25, 2022

Aug. 25, 2022

PACER
46

Judgment on the Pleadings

Sept. 15, 2022

Sept. 15, 2022

PACER
47

Declaration in Support of Motion

Sept. 15, 2022

Sept. 15, 2022

PACER
48

Memorandum of Law in Support of Motion

Sept. 15, 2022

Sept. 15, 2022

PACER
49

Judgment on the Pleadings

Sept. 16, 2022

Sept. 16, 2022

PACER
50

Declaration in Support of Motion

Sept. 16, 2022

Sept. 16, 2022

PACER
51

Memorandum of Law in Support of Motion

Sept. 16, 2022

Sept. 16, 2022

PACER
52

Notice of Appearance

Oct. 5, 2022

Oct. 5, 2022

PACER
53

Response to Motion

Oct. 5, 2022

Oct. 5, 2022

PACER
54

Memorandum of Law in Opposition to Motion

Oct. 6, 2022

Oct. 6, 2022

PACER
55

Reply Memorandum of Law in Support of Motion

Oct. 13, 2022

Oct. 13, 2022

PACER
56

Withdraw as Attorney

Feb. 3, 2023

Feb. 3, 2023

PACER

Order on Motion to Withdraw as Attorney

April 3, 2023

April 3, 2023

PACER
58

OPINION AND ORDER re: 49 FIRST MOTION for Judgment on the Pleadings . filed by Eric Adams, New York City Department of Transportation, Keechant L. Sewell, New York City Police Department, The City of New York, Ydanis Rodriguez . For the foregoing reasons, Defendants' motion is DENIED. Additionally, the Court lifts the prior stay on discovery. The parties are directed to appear for a telephonic conference on November 1, 2023 at 11:30 AM. they are directed to call (87 7) 411-9748 at that time and enter access code 3029857#. The Clerk of Court is respectfully directed to terminate the motion, Doc. 49. It is SO ORDERED. (Telephone Conference set for 11/1/2023 at 11:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 9/28/2023) (jca)

Sept. 28, 2023

Sept. 28, 2023

Clearinghouse

Notice of Redesignation to Magistrate Judge

Oct. 4, 2023

Oct. 4, 2023

PACER
59

Notice of Appearance

Oct. 4, 2023

Oct. 4, 2023

PACER
60

Notice of Substitution of Attorney

Oct. 4, 2023

Oct. 4, 2023

PACER
61

Notice of Appearance

Oct. 23, 2023

Oct. 23, 2023

PACER
62

Notice of Appearance

Oct. 31, 2023

Oct. 31, 2023

PACER
63

Proposed Case Management Plan

1 Proposed Order for a Case Management Plan

View on PACER

Oct. 31, 2023

Oct. 31, 2023

PACER

Telephone Conference

Nov. 1, 2023

Nov. 1, 2023

PACER
64

Memo Endorsement

Nov. 1, 2023

Nov. 1, 2023

PACER
65

Case Management Plan

Nov. 1, 2023

Nov. 1, 2023

RECAP

Telephone Conference

Dec. 7, 2023

Dec. 7, 2023

PACER
66

Motion to Stay

Jan. 19, 2024

Jan. 19, 2024

PACER
67

ORDER granting 66 Letter Motion to Stay pending mediation and requesting referral for mediation addressed to Judge Edgardo Ramos from Jesse E Hudson III dated January 19, 2024. The Court will issue a mediation referral order and discovery is stayed while the parties engage in mediation. The parties are directed to provide an update at the conclusion of mediation. SO ORDERED. (Signed by Judge Edgardo Ramos on 1/23/2024) (vfr) (Entered: 01/23/2024)

Jan. 23, 2024

Jan. 23, 2024

Clearinghouse
68

MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court- annexed Mediation Program. The parties are notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 2/6/2024. (Signed by Judge Edgardo Ramos on 1/23/2024) (vfr) (Entered: 01/23/2024)

Jan. 23, 2024

Jan. 23, 2024

Clearinghouse

Notice of Mediator Assignment

Feb. 1, 2024

Feb. 1, 2024

PACER

NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 3/4/2024.(sge)

Feb. 1, 2024

Feb. 1, 2024

PACER

Case Details

State / Territory: New York

Case Type(s):

Disability Rights

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):

Private Plaintiff

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):

Law-enforcement

Transportation

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

State Anti-Discrimination Law

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Issues

General/Misc.:

Access to public accommodations - governmental

Barrier Removal

Pattern or Practice

Disability and Disability Rights:

disability, unspecified

Mobility impairment

P&A Associational Standing

Reasonable Accommodations

Sidewalks

Visual impairment

Discrimination Basis:

Disability (inc. reasonable accommodations)

Discrimination Area:

Disparate Impact