The following cases involve physical barriers in the context of land use law and disability:
Disabled in Action v. City of New York, No. 16-CV-08354 (VEC), 2020 U.S. Dist. LEXIS 19666 (S.D.N.Y. Feb. 4, 2020)
Tags
- ADA
- RHA
- Reasonable accommodation
- Police station
Story
In 2015, the NYPD adopted a public safety approach called neighborhood policing to help engage and connect the community with local police officers. Individuals would be welcome into the precinct to get to know local police officers. Precinct stations also provide ad hoc public-safety services such as for emergencies, seeking physical security, filing complaints, etc.
Legal Claim
Plaintiffs claim that due to pervasive architectural barriers across NYPD’s 77 precinct stations, mobility impaired individuals are excluded from critical public-safety services and programs offered from stations.
Holding/Reasoning
The Court held that each station must be made accessible based on the accommodations NYPD can and will provide. Failure to accommodate an individual with a disability will often have the same practical effect as outright exclusion.