[acbny-l] Re: Fw: Second Circuit Court of Appeal upholds localDistrict Court Decisions in paratransit case
- From: Miriam Vieni <miriam@xxxxxxxxx>
- To: ACBNY <acbny-l@xxxxxxxxxxxxx>
- Date: Mon, 28 Jul 2003 22:34:31 -0400 (EDT)
Mike, Do you think that this decision is relevant to our Able rides in
Nassau County?
Miriam
Miriam Vieni, C.S.W.
New York Home Study Service
http://www.techease.com/nyhomestudy
Email: miriam@xxxxxxxxx
Fax: 516-876-8246
Voice: 516-333-4999
On Mon, 28 Jul 2003, Mike Godino wrote:
> I thought some of you might find this interesting. It's a press release on
> the Rochester Para transit suit for next day service. WE finally win a
> small one.
>
> Mike Godino
>
> Center for Disability Rights, Inc.
> 412 State Street
> Rochester, New York 14608
>
> Media Release
>
> For Immediate Release: July 23, 2003
>
> Contact: Bruce Darling, (585) 546-7510 V/TDD
>
> Second Circuit Court of Appeal upholds local District Court Decisions;
> R-GRTA found to have discriminated against disabled plaintiffs in
> paratransit case
>
> Today, disability advocates celebrated a resounding victory in the United
> States Court of Appeals for the Second Circuit. "We are thrilled," said
> Bruce Darling, Executive Director of the Center for Disability Rights, the
> organizational plaintiff in the case. "After years of trying to settle
> this
> case, attending local court hearings, going to New York City for the
> transit
> authority's appeal, and meeting with County Executive Jack Doyle to ask him
> to intercede, this is finally settled. The Rochester Genesee Regional
> Transportation Authority (R-GRTA) must face facts; they did discriminate
> against people with disabilities. Frankly, the only place they can go now
> is to appeal this issue to the Supreme Court of the United States."
>
> In the decision, the Second Circuit Court concluded that R-GRTA violated
> the
> Americans with Disabilities Act (ADA) "by failing to design and implement a
> system to schedule all next-day ride requests from eligible riders" and
> affirmed the district court's decision to grant summary judgment to the
> plaintiffs. The Court also found that R-GRTA violated the ADA "by
> maintaining a pattern or practice that significantly limits the
> availability
> of paratransit service for eligible riders." The Court recognized that
> R-GRTA "foresaw increasing ride demand and failed to modify their
> paratransit service plan to meet it."
>
> "I am so happy," said Debbie Bonomo, an individual plaintiff in the
> lawsuit.
> "This decision supports what we have been saying all along. R-GRTA has
> discriminated against us. Plain and simple."
>
> The timing of the decision coincides with the anniversary of the signing of
> the Americans with Disabilities Act (July 26th) and CDR's annual
> celebratory
> dinner held in its commemoration. The dinner will be held tomorrow evening
> (July 24th) at 6:00 PM at the Crowne Plaza on State Street. During the
> dinner, CDR will release its annual list of Top Ten Disability Rights
> Victories and Disappointments. "We don't release our lists in advance,"
> said Darling, "but the Court's decision can give you an idea of whose been
> naughty and nice regarding disability rights."
>
> Legal Contacts: Peter Dellinger, Sarah Gilmour, or Bryan Hetherington,
> Public Interest Law Office of Rochester, (585) 454-4060
>
> -30-
>
> <<01-9105.pdf>>
>
>
>
>
>
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