[blindlaw] FW: NY blind woman's suit over menus

[McCarthy, Jim]

Given the little we can learn about this case from the story, did the
New York Judge error in dismissing this case? 
Jim McCarthy
-----Original Message-----
From: James Elekes [mailto:jelekes at sc.rr.com] 
Sent: Tuesday, November 21, 2006 2:08 PM
Subject: NY blind woman's suit over menus


>
>Appeal filed after dismissal of blind woman's suit over menus
>
>
>By Ariel Zangla , Freeman staff
>Kingston Daily Freeman - Kingston,NY
>Monday, November 20, 2006.
>
>
>CATSKILL - An appeal was filed last month in the case of a legally 
>blind Catskill woman who wants several area fast food restaurants to 
>provide Braille or large-print menus.
>
>The appeal was filed Oct. 20, after U.S. District Court Judge Gary 
>Sharpe granted a motion on behalf of the defendants to dismiss the 
>case. New York City attorney Michael O'Neill said he filed the appeal 
>on behalf of his client, Alice Camarillo, who is seeking to have fast 
>food restaurants in the Hudson Valley provide large-print or Braille 
>menus. He has said his client is legally blind and would prefer access 
>to large-print menus as her ability to read Braille is not very good.
>
>In his decision, dated Sept. 25, Sharpe stated in part that the case 
>was dismissed because Camarillo lacked standing to pursue her claim for

>injunctive relief under the federal Americans with Disabilities Act and

>because the defendants provided her with reasonable accommodations. The

>decision also states that Camarillo did not allege facts sufficient to 
>show she had been denied service and that she is unable to state a 
>claim under the state Human Rights Law.
>
>On Friday, O'Neill said the appeal was filed because his client feels 
>very strongly about her case. He said he also felt the judge misapplied

>the standards when deciding on dismissal.
>
>O'Neill said the lawsuit is at a very technical stage where Camarillo 
>merely needs to file her complaint and provide notice of what she 
>claims the defendants did wrong. He said she did not have to provide 
>all the facts.
>
>Additionally, O'Neill said the case deals with the federal Americans 
>with Disabilities Act and the state Executive Law, which prohibits 
>discrimination. He said the federal law requires a public place to make

>some accommodations for people with disabilities. The state law simply 
>prohibits a public place from discriminating against a person with 
>disabilities, O'Neill said.
>
>"Now, I'm not sure the difference is all that great," O'Neill said. 
>He said in cases where public places do not give some accommodations to

>people with disabilities, that could be considered a form of 
>discrimination. O'Neill said the judge failed to consider that
argument.
>
>O'Neill also said a further example of discrimination is when Camarillo

>asked to have the menu read to her, but was told to wait while other 
>customers were served ahead of her.
>
>
>http://www.dailyfreeman.com/site/printerFriendly.cfm?brd=1769&dept_id=7
>4958&newsid=17488831
>
>