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Case Number: 1:23-cv-04688
Judge: Mary Kay Vyskocil
Court: United States District Court for the Southern District of New York (Manhattan County)
Plaintiff's Attorney: Mars Khaimov
Defendant's Attorney: Jim Gatta
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: 08/08/2023 9 LETTER MOTION for Extension of Time to file an answer, motion or response to the Complaint addressed to Judge Mary Kay Vyskocil from James D. Gatta dated August 8, 2023. Document filed by G & G Distribution, Inc...(Gatta, James) (Entered: 08/08/2023)
08/08/2023 10 ORDER OF DISMISSAL: The Court is in receipt of a letter filed by Defendant informing the Court that the parties have reached a settlement in principle [ECF No. 9]. Accordingly, IT IS HEREBY ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's calendar if the parties are unable to memorialize theirsettlement in writing and as long as the application to restore the action is made by September 8, 2023. If no such application is made by that date, today's dismissal of the action is with prejudice. See Muze, Inc. v. Digital On Demand, Inc., 356 F.3d 492, 494 n.1 (2d Cir. 2004). SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/08/2023) (ama) (Entered: 08/08/2023)
08/08/2023 Set/Reset Deadlines: Motions due by 9/8/2023. (ama) (Entered: 08/08/2023)