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Case Number: 1:23-cv-04609
Judge: Katherine Polk Failla
Court: United States District Court for the Southern District of New York (Manhattan County)
Plaintiff's Attorney: Mark Rozenberg
Defendant's Attorney: `Martin Krezalek
Description: New York City, New York civil rights lawyer represented Plaintiff who sued Defendant on an Americans with Disabilities Act violation theory.
42 U.S.c. 12132 provides:
Subject to the provisions of this subchapter, no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.
"The Americans with Disabilities Act (ADA) is a civil rights law that prohibits discrimination against individuals with disabilities in all areas of public life, including employment, education, transportation, and public accommodations. The ADA was passed in 1990 and has been amended several times since then.
The ADA defines a disability as a physical or mental impairment that substantially limits one or more major life activities. Major life activities include things like walking, seeing, hearing, speaking, learning, and working.
The ADA prohibits discrimination against individuals with disabilities in all areas of public life, including:
Employment: Employers with 15 or more employees are prohibited from discriminating against individuals with disabilities in all aspects of employment, including hiring, firing, pay, promotions, and training.
Education: Schools are prohibited from discriminating against students with disabilities in all aspects of education, including admissions, classes, extracurricular activities, and athletics.
Transportation: Public transportation providers are prohibited from discriminating against individuals with disabilities in all aspects of transportation, including fares, seating, and access to restrooms.
Public accommodations: Businesses that are open to the public are prohibited from discriminating against individuals with disabilities in all aspects of their operations, including access to the premises, goods and services, and facilities.
The ADA also requires that certain businesses and organizations make reasonable accommodations for individuals with disabilities. Reasonable accommodations can include things like providing wheelchair ramps, accessible parking, and interpreters for individuals who are deaf or hard of hearing.
If you believe that you have been discriminated against on the basis of your disability, you may be able to file a complaint with the U.S. Department of Justice (DOJ). The DOJ will investigate your complaint and, if they find that discrimination has occurred, they may take action to enforce the ADA. You may also be able to file a lawsuit against the person or organization that discriminated against you.
The ADA is a powerful law that protects the rights of individuals with disabilities. If you believe that you have been discriminated against, you should speak with an attorney to discuss your legal options.
Here are some additional things to keep in mind about the ADA:
The ADA applies to all public accommodations, regardless of size. This includes businesses, restaurants, hotels, theaters, and other places that are open to the public.
The ADA requires that public accommodations make reasonable accommodations for individuals with disabilities. This means that businesses must make changes to their facilities or policies to allow individuals with disabilities to participate in their services.
The ADA does not require businesses to make changes that would fundamentally alter their operations. For example, a restaurant is not required to build a ramp if it is located in a historical building that cannot be altered.
The ADA also does not require businesses to provide services that are not already available to the general public. For example, a business is not required to provide wheelchair-accessible transportation if it does not already provide transportation services to the general public.
The ADA is a complex law, and there are many nuances to its application. If you have any questions about the ADA, you should speak with an attorney."
Outcome: Accordingly, it is hereby: ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within sixty (60) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 60-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 8/8/2023) (rro) (Entered: 08/08/2023)