I came across an interesting sign (pictured) on my way to work this morning. We’ve all seen signs stating (with some variation) that the business “reserves the right to refuse service to anyone”. While it sounds impressive to “reserve rights”, it’s helpful to understand what rights are being reserved. Can a business really refuse service…
Read More The “Right” to Refuse ServiceRecently, the Second Circuit held, in Costello v. Flatman, that the district court erred by declining to award a prevailing plaintiff attorney fees under the Americans with Disabilities Act. In this lawsuit (as explained in the district court’s March 28, 2013 opinion), wheelchair-bound plaintiff Mike Costello alleged that while visiting a Brooklyn Subway restaurant, he…
Read More Second Circuit Remands for Reconsideration of Attorney Fee Request in ADA Public Accommodation CaseHappy St. Patrick’s Day! On my way to the gym – yes, you read that right – this morning, I passed by one of the East Village’s most prominent watering holes: McSorley’s Old Ale House. Though it was only about 8:30 am, the crowds of green-adorned men and women were gathering for what appeared to…
Read More McSorley’s Path to Gender EqualityThis week, “Treme” and “Finding Forrester” actor Rob Brown filed two class action lawsuits in the U.S. District Court for the Southern District of New York. Both lawsuits – one against Macy’s (13-cv-8092) and the other against the City of New York (13-cv-8094) – arise from his alleged unlawful detention for credit card fraud on June 8, 2013…
Read More Actor Rob Brown’s “Shop and Frisk” Lawsuits Against Macy’s and the City of New YorkToday, in Kreisler v. Second Avenue Diner Corp., the Second Circuit made new law regarding the rights of disabled persons to be free from discrimination in connection with their use and enjoyment of public facilities. Plaintiff-Appellee Todd Kreisler is a wheelchair-bound man suffering from cerebral palsy, arthritis, and asthma. He passed by defendants’ restaurant (d/b/a Plaza…
Read More Wheelchair-Bound Prospective Diner Patron Entitled to ADA ReliefBelow is the complaint – captioned Greene et al v. Amber Asian Cuisine Inc., NY Sup. Ct. Index 156387/2012 (filed 9/14/12) – in which plaintiffs allege that Amber Asian Cuisine refused to allow Plaintiffs, a gay couple, to hold their rehearsal dinner at, and have their wedding catered by, the restaurant.
Read More “No Gay Weddings” Restaurant Gets SuedOn July 24th, the Second Circuit affirmed the dismissal of plaintiff’s claim that a restaurant violated Title III of the Americans With Disabilities Act by restricting her access, and that of her service dog, to the restaurant and by verbally harassing her. The case, Krist v. Kolombos Restaurant, Inc., No. 11-1263-cv, should give paws –…
Read More Second Circuit Affirms Dismissal of Service Dog Discrimination ClaimsOn November 8, 2011, the United States sued law firm Larkin, Axelrod, Ingrassia & Tetenbaum LLP and partner John Ingrassia under Title III of the Americans with Disabilities Act. Plaintiff alleged that on at least three occasions, the law firm prevented its ADA-disabled client, Lauren Klejmont, from entering the law firm’s premises with her service animal,…
Read More U.S. sues law firm for prohibiting disabled client from entering premises with service dogIn Whitehurst v. 230 Fifth, Inc. et al, 11-cv-0767, Southern District Judge McMahon allowed plaintiffs (all African American) to continue some, but not all, of their race-based claims against popular restaurant/lounge 230 Fifth (located at 230 Fifth Avenue in Manhattan). Plaintiffs alleged that, after arriving to celebrate a friend’s birthday, they were subjected to discriminatory…
Read More African American Partygoers Can Continue Race Discrimination Suit Against 230 FifthBowling v. 220 W. 42nd St., LLC, 104717/09 (Sup. NY July 7, 2011): Plaintiffs, two homosexual males, were allegedly physically and verbally threatened by two security guards after kissing in a McDonald’s restaurant. It was undisputed that defendant 220 maintained, and that the defendant security guards were employed by, the restaurant where the incident occurred. The…
Read More NYS trial court allows case arising from homosexual slurs to continue against restaurant