At Bashian & Papantoniou, P.C., we often hear from individuals with disabilities who just wanted to run an errand, go to an appointment, meet a friend, or visit a business, but found they couldn’t get inside. Sometimes the problem is a set of steps with no ramp. Other times, it’s a broken elevator, a narrow doorway, or a restroom that can’t be used.

For people with disabilities, these moments are more than small inconveniences. For instance, a client of ours was unable to enter a local restaurant he frequently visited because the entrance had steps with no ramp.  Such experiences remind us that many public spaces still do not recognize the right to equal access. Under both federal and New York law, these failures are not just frustrating. They can also create legal liability.

Premises Liability Goes Beyond Physical Injuries in ADA Lawsuits

Premises liability law is usually linked to slips, falls, or other physical injuries. However, in the realm of disability rights, it extends further. While a traditional 'slip-and-fall' claim focuses on physical injuries from tangible hazards, access denials fit within the same legal framework by creating unsafe or inaccessible conditions that bar a person with a disability from using a property. Such situations can also lead to liability, as the implications of being denied access are just as significant.

If a business has steps without a ramp, an elevator that is often out of service, or doorways that are too narrow, the property becomes unsafe for some people. These barriers can force people to take risky alternative routes or depend on others just to get in or move around.

The law understands that denying access to an individual with a disability can be as serious as causing physical harm.

On December 18, 2024, the law firm of Bashian & Papantoniou, P.C.,filed a lawsuit in the Supreme Court of the State of New York, Suffolk County, on behalf of Plaintiff Lucio Cassara a/k/a Lou Cassara. The complaint (Index No. 631269/2024) alleges that Centereach Fire Department, Inc., Centereach Fire District, and the Centereach Board of Fire Commissioners engaged in unlawful employment practices, including discrimination based on disability and age, as well as retaliation in violation of the New York State Human Rights Law (NYSHRL).

The lawsuit asserts that Mr. Cassara, a longtime firefighter and fire dispatcher, faced systemic discrimination and exclusion due to his mobility disability. Despite over 40 years of dedicated service, Mr. Cassara alleges that he was denied reasonable accommodations necessary to perform his job, such as access to the dispatch room, which is located on the second floor of the Firehouse. The complaint alleges the ongoing structural barriers, including a lack of an accessible alternative to stairs, that prevented Mr. Cassara from fulfilling his duties safely and effectively.

Further, the complaint highlights Defendants’ failure to engage in an interactive process to accommodate Mr. Cassara’s needs and alleges that discriminatory remarks were made by a managerial employee regarding his disability and age. After enduring years of inaccessible working conditions and denial of reasonable accommodation, Mr. Cassara was constructively terminated in June 2024. In addition to seeking compensation for economic losses and emotional distress, the lawsuit demands declaratory and injunctive relief to ensure compliance with accessibility standards and the NYSHRL.

Specifically, the case seeks an order mandating the Firehouse's renovation to eliminate architectural barriers and provide full access to individuals with disabilities.

This case underscores the importance of upholding the rights of all employees, particularly those with disabilities, to work in environments free from discrimination and barriers. Bashian & Papantoniou, P.C. remains committed to fighting for justice and ensuring that all workplaces meet the legal standards of equality and inclusion.

Click below to read the full article:

https://www.newsday.com/long-island/suffolk/centereach-fire-department-lawsuit-ohyfyi32

ADA and Service Dogs - Know your rights

When you enter a business or place of public accommodation with your service dog, you should know your rights when accessing a business. If you or a loved one are ever denied access to a business with your service dog, it is important to know that you can and should assert your legal right to access. Under the American with Disabilities Act (the “ADA”), businesses must allow you and your service dog the same access that is open to the public without service animals.

If you require a trained service dog to perform certain tasks for you, a business must allow your service animal to accompany you anywhere other members of the public are permitted; even if state or local health codes prohibit animals on site. Along with the right to be accompanied, a business cannot isolate you from other patrons, treat you less favorably, or charge additional fees. Even where a business charges fees for pets, the business must waive that fee for your service animal.

What is a Service Animal?

The ADA defines service animals as: “dogs that are individually trained to do work or perform tasks for people with disabilities.” Tasks performed by service animals may include, but are certainly not limited to: pulling wheelchairs; guiding visually impaired individuals; alerting the hearing impaired; calming individuals with Post Traumatic Stress Disorder during anxiety attacks; and reminding a person to take their prescribed medication. Unfortunately, the American with Disabilities Act (the “ADA”) does not provide the same rights for emotional support animals (including therapy dogs or comfort animals) and therefore, businesses may refuse such animals and their owners access to the establishment.

Spas, pools, and even hot tubs are leisurely activities for which the ADA sets accessibility regulations.

Spas, Pools, and Places of Recreation

The Americans with Disabilities Act (“ADA”) regulates accessibility requirements for public accommodations under Title III. Spas, pools, and even hot tubs are leisurely activities for which the ADA sets accessibility regulations. As an individual with a disability, you have the same right to enjoy these activities just as someone without a disability.

Swimming pools require accessible means of access; this can be achieved either by a pool lift, or a sloped entry (ramp). Wave pools, leisure “lazy” rivers, and sand bottom pools are also required to have at

least one pool lift, sloped entry, or transfer system. The same goes for wading pools, which require a sloped entry that can extend to the deepest part of the pool. The ADA does not distinguish between in-ground and portable spas; and both title II and III require that any type of spa, in-ground or portable, provide at least one “accessible means of entry” and can either be a lift, transfer wall, or transfer system. When there are multiple spas in a facility adjacent to one another, only one spa is required to provide an accessible means of entry.

You have the right to full and equal enjoyment of leisurely activities, and should never be prevented from participating or benefiting from these activities. If a private spa, leisurely river, hot tub, or other sort of pool makes entry and enjoyment difficult or even impossible, you likely have a claim under title III of the ADA. You deserve equal and accessible access into these facilities. Our firm is here to fight for your right to these public accommodations. Contact our experienced team of attorneys specializing in ADA discrimination to discuss your rights and potential claim. Schedule a free consultation with Bashian & Papantoniou today.

Can Public Accommodations Set Criteria That Screen Out Individuals with Disabilities?

Can Public Accommodations Set Criteria That Screen Out Individuals with Disabilities?

Generally, no, public accommodations may not set eligibility criteria that screens out, or tends to screen out individuals with disabilities. For example, a fitness club cannot require that its members be able to run a mile in order to join; this would unfairly screen out individuals who use wheelchairs or may not be able to run due to a disability. Similarly, a library may not require that members be able to read printed books in order to join; as this unfairly screens out individuals with visual impairments.

Can Public Accommodations Set Criteria That Screen Out Individuals with Disabilities?

Generally, no, public accommodations may not set eligibility criteria that screens out, or tends to screen out individuals with disabilities. For example, a fitness club cannot require that its members be able to run a mile in order to join; this would unfairly screen out individuals who use wheelchairs or may not be able to run due to a disability. Similarly, a library may not require that members be able to read printed books in order to join; as this unfairly screens out individuals with visual impairments.

However, there are exceptions for when the criteria can be shown to be necessary. An example of this might be a public golf course that does not allow individuals with visual impairments to drive golf carts, or an amusement park attraction that is unable to accommodate individuals with wheelchairs for safety reasons.

ADA: Public Ground Transportation Providers

ADA: Public Ground Transportation Providers

The Americans with Disabilities Act (“ADA”) applies to both public and private ground transportation providers. The U.S. Department of Transportation regulates the ADA rules that apply to transportation.

The ADA has architectural requirements for fixed-route transportation services. A fixed route transportation system is one that operates along a prescribed route according to a fixed schedule. Typically, these are public transportation systems such as city and commuter bus systems, subways, light rail systems, and intercity rail transportation. These transportation services must provide accessible services including: stop announcements for riders with visual impairments; destination information on the front and side of transportation vehicles; appropriate boarding devices such as lifts and ramps; proper lighting and slip-resistant surfaces; fareboxes must be located so that they do not obstruct passenger flow while boarding the bus; and for individuals who use wheelchairs, there must be enough turning room and space for wheelchairs to maneuver, handrails must be accessible, and stop buttons and pull cords must be within reach of wheelchair securement locations.

As an individual with a disability, you deserve a fair and equal form of transportation. This means you are entitled to accessible vehicles, respectful operators, and appropriate time to board and exit vehicles. You should never feel rushed or mistreated when taking public transportation. Public transportation is accessible to everyone, and should never feel like a challenge. If you or a loved one believe a public transportation service has failed to accommodate your disability either through poor communicative services, architectural accessibility, or improperly trained drivers or conductors, you likely have a claim for discrimination on the basis of disability.

If public transportation is a concern or a challenge in your everyday life, we urge you to contact our team of experienced ADA attorneys. Our firm is dedicated to ensuring you have the ability to fully enjoy public transportation regardless of any disability or impairment. You should never be worried about accommodations on public transportation, and you should never be afraid to assert your rights. Contact Bashian & Papantoniou today for a free consultation to discuss your rights and potential claim.

What Are My Rights in College if I have a disability?

What Are My Rights in College if I have a disability?

The Americans with Disabilities Act (the “ADA”) provides protection for individuals with disabilities. Title II of the ADA makes sure that individuals with disabilities cannot be subject to discrimination by public universities or colleges, while Title III applies to private universities and colleges. Section 504 of the Rehabilitation Act also includes protections for students with disabilities. Under this law, any school that receives federal funding may not discriminate on the basis of disability.

Both Title II and Title III make sure that students with disabilities, including visual impairments, cannot be discriminated against by colleges and universities. This means as a student with a disability, you must receive an equal opportunity to participate in, and benefit from the goods and services offered by the school. A college or university cannot provide you different or separate goods or services unless it is necessary to ensure that access to the goods and services is equally as effective as that provided to others. All programs, including extracurricular activities must be accessible to students with disabilities. Accommodations should be individually tailored to a particular student’s needs. Such accommodations may include: architectural access to buildings; aids and services necessary for effective communication, such as sign language interpreters, Braille or electronic formats, and assistive listening devices; testing accommodations; and access to school facilities for service animals.

If you believe your rights have been violated by a public or private college or university, you may have a claim under the ADA and/or Section 504 of the Rehabilitation Act. A school may not treat you differently or restrict your access to school programs because of your disability. You have a right to a full, fair, and equal education, and no school can take that right away from you. If your rights or that of a loved one, have been violated by a non-compliant school, please contact our office today. Our team of experienced discrimination attorneys is ready to assist, answer questions you may have, and fight for your right to an education.

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What are some “readily achievable” accommodations Places of Public Accommodations should be making?

What are some “readily achievable” accommodations Places of Public Accommodations should be making?

Some examples of “ready achievable” remediations include, without limitation, (i) the providing ADA compliant ramps for situations where there are steps at entrances into areas of public accommodation, (ii) modifying the layout or height of racks and shelves for mobility purposes, (iii) lowering tables and checkout counters, and (iv) installing grab bars where one might regularly need reinforcement of the wall, such as restrooms. An accommodation that might not be “readily achievable” includes additions such as an elevator, which may incur a significant financial burden on a business.

Who is responsible for making these accommodations?

Under the ADA, the legal obligation to remove barriers or provide auxiliary aids and services falls on both the landlord and the tenant, and both the landlord and tenant are legally responsible.  Neither can use their landlord/tenant status as a defense for being non-compliant under Title III of the ADA.

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ADA Reasonable Accommodations

What are “reasonable accommodations" under Title III of the ADA

Reasonable accommodations under Title III of the ADA are modifications/remediations made in places of public accommodations to accommodate or make facilities equally accessible for individuals with disabilities. Reasonable accommodations include the removal of architectural barriers for those with mobility needs, providing for effective communication methods for people with visual, auditory, or vocal needs, and having trained staff to assist individuals with disabilities.

What are “reasonable accommodations" under Title III of the ADA

Reasonable accommodations under Title III of the ADA are modifications/remediations made in places of public accommodations to accommodate or make facilities equally accessible for individuals with disabilities. Reasonable accommodations include the removal of architectural barriers for those with mobility needs, providing for effective communication methods for people with visual, auditory, or vocal needs, and having trained staff to assist individuals with disabilities.

Are there any limits to “reasonable accommodations” under Title III?

ADA Accessibility Restaurant

Title III: Public Accommodations Under Title III of the Americans with Disabilities Act (the “ADA”), privately owned facilities and business are prohibited from discriminating against people with disabilities. The ADA requires business to provide reasonable accommodations to ensure that facilities are accessible to people with disabilities.

Who is and who isn’t regulated by Title III?

Title III under the ADA extends to private entities; this includes businesses and facilities that are open to the public. Title III also covers private transportation companies. State and local government entities are public entities covered by Title II of the ADA, and not Title III. Religious entities are exempt from the requirements of Title III of the ADA. However, if it has enough employees to meet the requirements under Title I (employers), the religious entity would be subject to certain employment obligations under Title I under the ADA. The exemption on religious entities covers all activities of a religious entity, whether religious or not. For example, a religious organization may operate a day care and private elementary school for members and nonmembers alike; Even though these facilities would regularly be considered places of public accommodation, they are still exempt from Title III.

Title III of the ADA does not cover areas that are strictly residential, such as houses, condominium complexes, and apartment buildings. However, any place of public accommodation within those residential facilities are in fact covered by Title III. An apartment complex with a pool that sells “membership” tickets to the public classifies the pool as a place of public accommodation; a private residential apartment building that rents office space also classifies the rental office as a place of public accommodation. The pool and rental office would be covered by Title III and required to follow ADA rules. However, a ballroom in an apartment building whose policy it is to restrict use of the room to owners, residents, and guests, is not a place of public accommodation because this room is generally not held open to the public.

What about my local country club? Is that covered by Title III?

Am I being discriminated against based on my disability?

If your dining/shopping/lodging/entertainment experience has ever been anything less than fair and equal, and you believe it is based at least in part on your disability, you are likely a victim of disability discrimination. Architectural barriers such as steps at entrances, bathrooms that are too small for wheelchair to maneuver properly, and narrow pathway corridors for which wheelchairs are unable to safely maneuver are just a few examples of disability discrimination.

There are millions of individuals with disabilities in the United States, and that number continues to grow. If you believe that you have been subjected to disability discrimination by a business, you are not alone. You deserve fair and equal access to public places and businesses, and you should never be afraid to assert your rights. If you or someone you know has been discriminated on the basis of a disability, please contact our team of experienced ADA discrimination attorneys today. Remember you are not alone, and our team will always be ready to explain the law, fight for your rights, and ensure that you get access to public accommodations.

Please call us for your FREE CONSULTATION.

Please feel free to contact us and discuss all options available in effectively handling and resolving employment discrimination claims under the ADA. 516-279-1555