Feltenstein v. City of New Rochelle

Garage Did Not Violate ADA by Grouping Van Accessible Parking Spaces on Same Floor

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OPINION & ORDER Plaintiff Jennifer Feltenstein initiated this action against the City of New Rochelle (“Defendant” or “the City”), alleging violations of Title II of the Americans with Disabilities Act (“ADA”), 42 U.S.C. §12131 et seq., Section 504 of the Rehabilitation Act of 1973 (“RA”), 29 U.S.C. §794, New York Executive Law §296, and New York Civil Rights Law §40. (See Complaint (“Compl.”) 1, ECF No. 1.) Before the Court are Parties’ proposed findings of fact and conclusions of law and evidentiary submissions on the issues of liability and damages. For the following reasons, the Court finds in favor of Defendant. BACKGROUND Familiarity with the factual and procedural backgrounds of this matter is presumed, and both are broadly summarized below. Defendant owns and manages the multi-story New Roc parking garage structure located at 50 Harrison Street, New Rochelle, New York (“the New Roc Garage” or the “Garage”). At the time of Plaintiff’s Complaint, all accessible spaces in the Garage were van accessible and were clustered on the ground, basement, level. (Pl.’s Proposed Findings of Fact & Conclusions of Law (“Pl’s Facts & Law”) 4, ECF No. 102); (Def.’s Proposed Findings of Fact & Conclusions of Law (“Def.’s Facts & Law”) 16.) The spaces on that level of the Garage were located by the shortest accessible route of travel to the pedestrian entrance on Huguenot Street. (Def.’s Exs., Ex. E, Marinelli Affidavit 17); (Def.’s Exs., Ex. H.) Plaintiff and her family often, using the family handicapped-accessible van, park in the Garage when they go to the movies and other establishments near the New Roc Garage. Plaintiff is confined to a wheelchair and, because the only designated accessible parking spaces were located in the lower level of the Garage while the establishments she frequents with her family are at the first floor level, her father dropped her off on the first floor before parking the van. (Pl.’s Facts & Law

Feltenstein v. City of New Rochelle

Garage Did Not Violate ADA by Grouping Van Accessible Parking Spaces on Same Floor

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