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West v. Metro. Transp. Auth.

ADA, DOT Regulations Do Not Require the MTA to Install Platform Barriers

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MEMORANDUM OF DECISION Plaintiffs Mary West and Jenie Lee Mariani bring this putative class action against Defendants Metropolitan Transportation Authority (“MTA”), New York City Transit Authority (“NYCTA”), and Long Island Rail Road Company (“LIRR,” collectively, “Defendants”) asserting common law negligence as well as claims brought under the Americans with Disabilities Act (“ADA”), 42 U.S.C. Ch. 126 §12101, the Rehabilitation Act of 1973 (“Rehabilitation Act”), 29 U.S.C. §701, the New York City Human Rights Law (“NYCHRL”), N.Y.C. Admin Code §8-101, and the New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law §292. First Amended Complaint (“First Am. Compl.”), ECF. No 15,

103-150. Defendants moved to dismiss the Amended Complaint in its entirety pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). See Defs.’ Motion to Dismiss, ECF No. 28; Defs.’ Mem. in Supp. of Mot. to Dismiss (Defs.’ Mem.), ECF No. 29. For the reasons that follow, Defendants’ motion to dismiss is GRANTED in its entirety. BACKGROUND This action is brought by Mary West, (“Plaintiff West”), a visually impaired Manhattan resident, and Jenie Lee Mariani (“Plaintiff Mariani,” collectively, “Plaintiffs”), a resident of Elmont, New York on behalf of a class of similarly situated individuals. First Am. Compl.

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