Perdum v. Forest City Ratner Companies
174 F. Supp. 3d 706
| E.D.N.Y | 2016Background
- Plaintiff Jerome Perdum, a man with a longstanding hip/leg impairment who uses State/City disability parking placards, alleged ADA and related state/city claims based on being told not to park on a private street adjacent to Atlantic Center Mall and alleged vertical-clearance barriers to the Mall parking garage.
- The Mall is owned by Atlantic Center Fort Greene Associates (ACFG); First New York Partners (FNYP) managed the Mall and contracted private security; Forest City Ratner Companies (FCRC) was the developer but did not operate the Mall during the relevant period.
- Plaintiff parked ‘‘multiple times’’ on the adjacent private Street and was told by security on several occasions to move and later received a City-issued parking ticket and a trespass summons after refusing to move his vehicle.
- The Mall has a two-level garage with 650 spaces and 30 designated handicap spaces located adjacent to elevators providing an accessible route to the Mall; a clearance sign of 6'7" is posted at the garage entrance.
- Plaintiff attempted but promptly exited the garage once because of claustrophobia; he was not driving a high-top, wheelchair-accessible van when he tried to enter and owns a non‑modified minivan.
- Defendants moved for summary judgment; the Court found Plaintiff had a triable issue on disability but granted summary judgment to defendants because Plaintiff lacked standing to challenge the asserted barriers as they did not allege facts showing injury caused by conduct attributable to defendants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Perdum is disabled under the ADA | Perdum says longstanding dislocated hip and leg-length difference substantially limit walking/standing | Defendants dispute substantial limitation and point to activities showing mobility | Court: triable issue exists as to disability (deny summary judgment on disability alone) |
| Whether Perdum suffered an ADA injury-in-fact from security "harassment" and trespass summons | Harassment and trespass deterred him from parking at the Street and accessing Pathmark | Defendants: security/tickets/summons were not actions by defendants; harassment did not prevent access to the Mall | Held: no cognizable ADA barrier injury; plaintiff was not deterred from accessing Mall and summons/ticket were issued by City, not defendants; no standing on this basis |
| Whether vertical clearance/garage access is an ADA barrier affecting Perdum | Perdum asserts garage clearance prevents handicap-accessible vans and thus denies access | Defendants show 30 handicap spaces adjacent to elevators; plaintiff was not driving a high-top accessible van and exited garage due to claustrophobia | Held: plaintiff lacks standing to challenge garage clearance because the alleged defect did not affect his disability or cause an injury he experienced |
| Whether state/city law claims should proceed if federal claims dismissed | Perdum seeks relief under NY Civil Rights Law and NYC Human Rights Law | Defendants sought dismissal of federal claims; removal/retention of pendent claims not argued by plaintiff | Held: federal claims dismissed with prejudice; Court declines supplemental jurisdiction and dismisses state/city claims without prejudice |
Key Cases Cited
- Bragdon v. Abbott, 524 U.S. 624 (1998) (three-step ADA disability analysis)
- Colwell v. Suffolk Cty. Police Dep’t, 158 F.3d 635 (2d Cir. 1998) (ADA disability and substantial-limitation analysis)
- Roberts v. Royal Atl. Corp., 542 F.3d 363 (2d Cir. 2008) (elements of a Title III ADA claim)
- Lujan v. Defenders of Wildlife, 504 U.S. 555 (1992) (constitutional standing requirements)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (summary judgment standard)
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (summary judgment burdens)
- Kreisler v. Second Ave. Diner Corp., 731 F.3d 184 (2d Cir. 2013) (standing limited to barriers that affect plaintiff’s particular disability)