Public Accommodation Discrimination

In Kouri v Eataly N.Y. LLC, No. 14538, 158476/14, 2021-00047, 2021 N.Y. Slip Op. 06044, 2021 WL 5113230 (N.Y.A.D. 1 Dept. Nov. 04, 2021), the court affirmed the denial of defendants’ motion for summary judgment on plaintiff’s claims arising from his ejection from Eataly. As to plaintiff’s public accommodation discrimination claims asserted under the New…

Read More Public Accommodation (Sexual Orientation) Discrimination Case Proceeds Against Eataly NY LLC
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The facts of Quan v. Macy’s, No. 159450/2019, 2021 WL 4080215 (N.Y. Sup Ct, New York County Sep. 08, 2021) are fairly straightforward: Plaintiff alleges that he paid defendant over $20,000 for a Rolex watch, and thereafter learned that the watch was “used” and had non-Rolex parts. Plaintiff sued. The court held that he sufficiently…

Read More Public Accommodation Discrimination Claims Dismissed in Case Against Macy’s Arising From Alleged Sale of “Used” Rolex
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In Di Mauro v. Equinox Holdings, Inc., No. 162189/2019, 2021 WL 698917, 2021 N.Y. Slip Op. 30498(U), 2–3 (N.Y. Sup Ct, New York County Feb. 22, 2021), the court, inter alia, dismissed plaintiff’s claims of public accommodation discrimination against Equinox Holdings. The court summarized the facts as follows: This action arises out of an altercation…

Read More Court Dismisses Gym Member’s Public Accommodation Sexual Harassment Claim Against Equinox
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In Petty v. The Law Office of Robert P. Santoriella, P.C., No. 155468/2015, 2020 WL 7011753, 2020 N.Y. Slip Op. 33908(U) (N.Y. Sup Ct, N.Y. Cty. Nov. 25, 2020), the court dismissed plaintiff’s public accommodation discrimination claims under the New York State and City Human Rights Laws. In sum, plaintiff – a prospective client of…

Read More Law Firm Was a “Place of Public Accommodation”, but Discrimination Claim Dismissed
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In recent news, it has been reported that a bank called the police on a black Michigan man because it suspected fraud, upon his attempt to deposit checks – resulting from the settlement of a racial discrimination lawsuit. He is now suing the bank for engaging in race discrimination in a place of public accommodation.

Read More Ironic Lawsuit Against Bank
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Sixty-four years ago, on December 1, 1955, a 42-year-old woman named Rosa Parks took a seat on a bus en route home from a department store where she worked as a seamstress. Ms. Parks defied a directive from the bus driver to vacate her seat so that white passengers boarding the bus could sit; her…

Read More Rosa Parks’ Legacy
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From Solomon v. Amazon.com, Inc. et al, 2019 WL 2601794 (E.D.N.Y., 2019): Solomon “seeks permission to amend his complaint to add counts of discrimination on account of gender in violation of Title VII of the Civil Rights Act of 1964, and of a denial to his right of access to a place of public accommodation…

Read More Whole Foods Customer Ban Upheld; Motion to Add Title II Gender-Based Public Accommodation Claim Denied on Ground of Futility
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In Akyar v. TD Bank US Holding Company, 18-CV-379, 2018 WL 4356734 (S.D.N.Y. 2018), the court (inter alia) dismissed plaintiff’s public accommodation discrimination claim under Title II of the Civil Rights Act of 1964. This decision turns on what venues qualify as “places of public accommodation” within the meaning of the statute. In sum, plaintiff alleged…

Read More Banks Are Not “Places of Public Accommodation” Within The Meaning of the Civil Rights Act of 1964, Court Holds
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In Wu v. Jensen-Lewis Co., Inc., 2018 WL 5723122 (S.D.N.Y. Nov. 1, 2018), the court (inter alia) held that the plaintiff plausibly stated a claim for public accommodation discrimination. Plaintiff, who is legally blind, asserted that defendants’ website is not compliant with federal law (the Americans with Disabilities Act) because it was not fully and…

Read More Website-Accessibility Disability Discrimination Plausibly Alleged, Court Finds
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In a recently-filed lawsuit, captioned Jung v. Soho House, NY Sup Ct. NY Cty. Index No. 155882/2018 (filed June 22, 2018), plaintiff Hyun Jae Jung (known on Instagram as Miju Bijou) alleges, inter alia, that defendant Soho House’s “employees denied access of the Club to Plaintiff and her emotional support animal” – a French bulldog named…

Read More Lawsuit: Public Accommodation Discrimination Claim Against Soho House Following Support Dog-Based Ejection
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