Perdum v. Forest City Ratner Companies, 677 F. App'x 2

Plaintiff Jerome K. Perdum, Sr. sued Forest City Ratner Companies and related entities under the Americans with Disabilities Act (ADA), alleging disability discrimination arising from parking-related barriers and harassment at Atlantic Mall and a Pathmark store.
Defendants moved for summary judgment on the ground that Perdum lacked standing to bring an ADA claim.
The district court granted summary judgment for defendants, finding Perdum failed to show an Article III injury in fact, and entered judgment on March 29, 2016.
Perdum appealed to the Second Circuit, which reviewed standing de novo and considered whether alleged harassment and lack of access to handicapped parking constituted a concrete and particularized injury.
The record showed Perdum had returned to and shopped at the mall using alternative parking and that the mall garage provided designated handicapped spaces with direct elevator access; Perdum avoided the garage because of claustrophobia he did not allege as a disability.
The Second Circuit affirmed the district court’s judgment, concluding Perdum lacked standing under the ADA.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Standing / injury in fact under the ADA	Perdum argued harassment and penalties from parking enforcement deterred him from using the mall and thus constituted an injury (deterrence theory).	Defendants argued the alleged harassment posed no actual obstacle to access because Perdum continued to shop at the mall using alternative parking and thus suffered no concrete injury.	Court held no standing: deterrence claim contradicted undisputed evidence that Perdum returned to shop; harassment did not create an injury in fact.
Denial of access to handicapped parking	Perdum asserted he was denied access to handicapped parking and thus injured.	Defendants pointed to 30 designated handicapped spaces in the garage with direct elevator access; Perdum chose not to use the garage due to claustrophobia, not an alleged disability.	Court held no standing: accessible parking was available and Perdum’s avoidance was based on a condition he did not claim as a disability.

Kreisler v. Second Ave. Diner Corp., 731 F.3d 184 (2d Cir. 2013) (deterrence from using a public accommodation can constitute injury under the ADA when supported by evidence)
Natural Res. Def. Council, Inc. v. U.S. Food & Drug Admin., 710 F.3d 71 (2d Cir. 2013) (standard of review for standing on summary judgment; standing requires a concrete and particularized injury)
Perdum v. Forest City Ratner Cos., 174 F. Supp. 3d 706 (E.D.N.Y. 2016) (district court opinion granting summary judgment for lack of standing; affirmed by the Second Circuit)