This federal class action lawsuit was filed in September of 2011. More than a decade after 9/11, New Yorkers with disabilities continued to face disproportionate risks of catastrophic harm and death during disasters - as Hurricanes Irene had shown, and as Sandy soon demonstrated. The class of 900,000 New York residents with disabilities included people with vision, hearing, mobility, and mental disabilities.
On November 7, 2013, the Court ruled that New York City discriminated against people with disabilities in its failure to plan for their needs in large scale disasters such as Hurricane Sandy. This was a major victory for hundreds of thousands of children, women, men, and seniors with disabilities, and will likely have national implications. You can read the Court's decision here.
In May of 2013, the U.S. Attorney for the Southern District of New York, on behalf of the United States Department of Justice (DOJ), filed a statement of interest that supported Plaintiffs’ position in the case. The DOJ’s statement of interest held that: “Unfortunately, despite the obvious importance of accounting for the unique needs of individuals with disabilities in planning for emergencies, New York City’s emergency plans, like many state and local emergency plans throughout the nation, fail to do so.....Plaintiffs presented significant evidence at trial in support of their claim that the City’s emergency plans, in many areas, exclude individuals with disabilities from benefitting equally from the City’s services, and fail to comply with the [ADA's] regulations.”
Despite the lessons of 9/11 and an increasing number of weather emergencies, New York City refused to address its deficient emergency planning. Its carelessness endangered the health and safety of seniors, children, women, and men with disabilities in Hurricanes Irene and Sandy.
The case went to trial in March 2013 – the first of its kind in the country. The trial demonstrated that disabled and elderly New Yorkers suffered needlessly in recent hurricanes because of the City’s lack of planning for their needs. People with disabilities impacted by Sandy reported a lack of evacuation, wheelchair accessible emergency shelters, and power outages, which left them stranded in their homes and without vital medical equipment and prescription medications. Such events showed that New York City lacked an adequate emergency plan that accounted for the needs of people with disabilities during an emergency.
The parties are currently working towards a remedial plan for each of the subject areas where the Court made a finding of liability.