Brooklyn Center for Independence of the Disabled v. Bloomberg
287 F.R.D. 240
S.D.N.Y.2012Background
- Hurricane Irene prompted suit challenging NYC emergency plans for disability needs.
- Plaintiffs BCID, CIDNY, Bell, and Morales sue City and Mayor under ADA, Rehabilitation Act, and NYCHRL.
- Plaintiffs move to certify a City-wide disability class for injunctive relief related to emergency planning.
- Defendants oppose due to standing concerns; motion fully briefed by Sept. 24, 2012.
- Court grants the class certification motion as modified, with further comment invited.
- Court notes certification does not decide merits; trial scheduled for Dec. 10, 2012.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing of individual plaintiffs | Bell and Morales have injury-in-fact and imminent harm | No standing absent concrete Irene-specific injury | Individual plaintiffs have standing |
| Standing of organizational plaintiffs | BCID and CIDNY have associational or direct standing | Organizations lack standing because no member-specific injury shown | BCID and CIDNY have standing (associational or direct) |
| Rule 23(a) adequacy for class certification | Class satisfies numerosity, commonality, typicality, adequacy | Standing issues defeat typicality and commonality | Rule 23(a) requirements satisfied |
| Rule 23(b)(2) certification and class definition | Injunctive relief appropriate for a systemic municipal failure to accommodate disabled | Need for narrower or merits-based definition; potential overbreadth | Class certified under Rule 23(b)(2) with modified definition and invitation for comment |
Key Cases Cited
- Bryant v. N.Y. State Educ. Dep’t, 692 F.3d 202 (2d Cir. 2012) (injury-in-fact standards for standing)
- Denney v. Deutsche Bank AG, 443 F.3d 253 (2d Cir. 2006) (construe complaint in favor of plaintiffs at standing stage)
- Nnebe v. Daus, 644 F.3d 147 (2d Cir. 2011) (permissible organizational standing for perceptible injury)
- Disability Rights Advocates v. N.Y. Coal for Quality Assisted Living, 675 F.3d 149 (2d Cir. 2012) (associational standing requirements and member-indicia)
- Havens Realty Corp. v. Coleman, 455 U.S. 363 (1982) (organization injury from pursuit of policy objectives)
- Baur v. Veneman, 352 F.3d 625 (2d Cir. 2003) (threat of harm can support standing when severe)
- Alliance for Open Soc’y Int'l, Inc. v. USAID, 651 F.3d 218 (2d Cir. 2011) (standing where risk and interest align with organizational activity)
- Raymond v. Rowland, 220 F.R.D. 173 (S.D.N.Y. 2004) (commonality in class certification context)
- Marisol A. v. Giuliani, 126 F.3d 372 (2d Cir. 1997) (unitary course of conduct supports typicality)
- Bolden v. Walsh Constr. Co., 688 F.3d 893 (7th Cir. 2012) (caution against defining class by merits)