Press Releases
For information on press releases please contact: Katrin Haldeman katrin.haldeman@drny.org office 518.512.4929 or cell 518.275.1720
DRNY FILES CLASS ACTION LAWSUIT PRELIMINARY INJUNCTION & A TEMPORARY RESTRAINING ORDER AGAINST NASSAU COUNTY
August 22, 2024 – Albany NY: DRNY filed a Class Action Lawsuit, Preliminary Injunction and a Temporary Restraining order in United States District Court Eastern District Court of New York
against Nassau County and Nassau County Executive Bruce Blakeman, in his official capacity.
DRNY is challenging Nassau County’s Mask Transparency Act, that bans wearing face masks in public. This law discriminates against people with disabilities and violates the United States Constitution, the Americans with Disabilities Act, Section 504 of the Rehabilitation Act and New York State Legislative Intent.
We are seeking a Temporary Restraining Order and Preliminary Injunction to immediately stop the enforcement of the Mask Ban in Nassau County.
“This mask ban poses a direct threat to public health and discriminates against people with disabilities.” said Timothy A. Clune, Executive Director of DRNY.
Update: Nassau County Mask Ban Violates Federal & State Law
Albany NY- August 14, 2024: Today, the Nassau County Executive Bruce Blakeman signed a Mask Ban into local law, making it a crime to wear a mask in public and private spaces.
DRNY has already requested a meeting to resolve unavoidable discriminatory conduct against DRNY and our clients with disabilities pursuant to Nassau County’s ADA Policies, Practices, and Procedural Guidance for Nassau County Departments, Agencies, and Entities, currently in effect and available online:
https://www.nassaucountyny.gov/DocumentCenter/View/30542/Nassau-County-ADA-Policy?bidId=.
We have requested that Nassau County immediately stay the implementation of the law. “We are giving Nassau County an opportunity to reverse its course here to avoid any unnecessary legal actions,” said Timothy A. Clune, Executive Director of DRNY. “There are plenty of laws on the books that address criminal behavior. What’s next – banning sunglasses and hats?”
Read public comment here
Read local law here
Nassau County Mask Ban Violates Federal & State Law
Albany, NY August 9, 2024 : On Monday, August 5, the Nassau County legislature passed a local law making it a crime to wear a mask in public and private spaces. DRNY provided testimony before the Legislature, setting forth our opposition to the bill, which will discriminate against people with disabilities.
“This law violates Federal and State anti-discrimination laws that were hard-won after decades of activism by people with disabilities.” said Timothy A. Clune, Executive Director of DRNY. “Nassau County’s mask ban puts lives at risk. While worrying about their health and the well-being of their family members, those who need to wear a mask will have the added fear of discrimination, arrest, fines, and detainment.”
Read public comment here
Read local law here
DRNY Files Landmark HALT Violations Case Excessive Force, Physical Abuse and Neglect in Jefferson County Jail
Albany, NY April 2, 2024 -On January 17, 2024, Disability Rights New York filed a complaint against the County of Jefferson, Jefferson County Correctional Facility (JCCF), Sheriff Peter R. Barnett, in his official capacity, Sgt. Larkins, in his official and individual capacity, C.O. Carranza, in his official and individual capacity, C.O. Barker, in their official and individual capacity, C.O. Brownell, in her official and individual capacity, C.O. O’Brien, in her official and individual capacity, independent contractors of JCCF, in their official and individual capacities, PrimeCare Medical Inc., and PrimeCare Medical of New York, Inc.
“Jane Doe was physically abused, emotionally terrorized, and intentionally humiliated by officers at the Jefferson County Jail”, said Timothy A. Clune, Esq., Executive Director DRNY. “Her desperate cries for help were then met with illegal solitary confinement.”
Read Full Press Release and Complaint Here
Illegal and Discriminatory Guardianships in New York State
Albany, NY February 7, 2024 – DRNY has filed a complaint against New York State, The Unified Court System of the State of New York, Honorable Rowan D. Wilson, as Chief Judge of the New York State Unified Court System, and Honorable Joseph A. Zayas, as Chief Administrative Judge of the New York State Unified Court System for subjecting New Yorkers to illegal and discriminatory guardianships under New York State Surrogate’s Court Procedure Act Article 17-a ("SCPA 17-a”).
“Article 17-a is an archaic law that strips away every civil right a person has,” said Timothy A. Clune, Executive Director DRNY. “Decisions like who to love, where to live, who to vote for, where to go to school, where to get health care, and how to practice religion, are all taken away under a 17-a guardianship. There currently are ways to protect people without adherence to such a draconian system. New York State claims to care, I say prove it.”
DRNY Attends Communities in Action, Building a Better America
December 11, 2023 Albany, NY – Disability Rights New York is pleased to announce that our Executive Director Timothy A. Clune will be at The White House on December 14, 2023, attending the Communities in Action, Building a Better America event hosted by the Biden-Harris Administration.
“We are deeply honored to have a role in this event. In order for us to continue serving our community, it is crucial that DRNY receives support from all levels of government. It is wonderful to see a strong commitment from the highest level. The significant investment from the White House has had a positive impact on the work we do at DRNY for the disability community." Timothy A. Clune, Esq. Executive Director DRNY.
Landmark Decision by US Court of Appeals for the Second Circuit Ensuring all protections under IDEA remain with the students after the age of 18-21
Albany, NY August 15, 2023 – Disability Rights New York (DRNY), together with Prisoners’ Legal Services of New York (PLS) received a groundbreaking decision from the US Court of Appeals for the Second Circuit recognizing that young adults with disabilities can enforce their own special education rights.
“Prior to this court's decision, students between the ages of 18 to 21 were not afforded the full protections of the IDEA. This decision will have a nation-wide impact. Importantly, it will reverse New York State Education Department guidance which stripped those students of their IDEA rights in New York.” Timothy A. Clune, Executive Director DRNY.
Read Full Press Release and Decision Here
Joint Report by the Brennan Center for Justice and Disability Rights New York Finds Rampant Violations of Accessibility Standards for Voters With Disabilities at Early Voting Polling Places in New York State
Albany & NY, NY August 9, 2023 - Today the Brennan Center for Justice NYU Law and Disability Rights New York published How to Improve Early Voting Accessibility in New York State. The joint report examines early voting polling places’ accommodations for voters with disabilities in New York State. Researchers assessed 179 of the 402 early voting polling places in New York State used in the 2022 election cycle. They found rampant violations of state and federal standards designed to ensure that voters with disabilities have equal access to the ballot.
“This report has highlighted many issues that continue to create barriers to voting. When 94% of polling sites that we surveyed are not fully accessible, it is more than clear that all voters cannot exercise their right to vote,” said Timothy A. Clune
Read Full Press Release and Report Here
DRNY Secures Settlement Agreement for Text to 911 In Nassau County
Albany, NY May 04, 2023- DRNY secured a settlement agreement for the complaint filed in January 2017, against Nassau County alleging the County is in violation of Title II of the Americans with Disabilities Act of 1990 because it failed to provide ways that the plaintiff, a person with hearing loss, could effectively communicate to 911 emergency services via text messages.
DRNY’s Executive Director, Timothy A. Clune, Esq. responds to Mayor Adams Plan to Involuntarily Hospitalize People
Turning Back the Civil Rights Clock for New Yorkers: Mayor Adams’ Plan to Involuntarily Hospitalize People
November 29, 2022 - “The Mayor’s suggestion that involuntary commitment is the answer to caring for people in New York City who may need mental health assistance is wrong.
Putting aside all of the significant logistical and legal problems with his plan, history has clearly shown that involuntary treatment has never been the answer.
Instead of further stigmatizing our fellow New Yorkers, the City and State should be putting these same efforts towards providing food, shelter, safety and health services to its residents. To be sure, neither the State nor City has demonstrated an earnest commitment to providing these necessities to those who actually seek them. [...]"
Amended Complaint & Preliminary Injunction Filed: Class Action Lawsuit Challenges the Prolonged Institutionalization and Hospitalization of Individuals with Developmental Disabilities
Albany, NY October 20, 2022 - Disability Rights New York (DRNY), Kasowitz Benson Torres LLP (KBT) and Mental Hygiene Legal Service (MHLS) have filed an amended complaint and motion for preliminary injunction on behalf of the Named Plaintiffs in the class action lawsuit filed on June 16, 2022 against the New York Department of Health (DOH) and the Office for People with Developmental Disabilities (OPWDD).
DRNY Files Opposition to the City of New York’s Motion to Dismiss:
Inaccessible Sidewalks in Bronx Neighborhood
October 6, 2022 Albany, NY – Today Disability Rights New York (DRNY) filed its opposition to the City of New York’s motion to dismiss its lawsuit that addresses the barriers people with disabilities face when navigating sidewalks, curb cuts, and crosswalks within their East Mount Eden neighborhood in the Bronx.
Press Release
Department of Justice filed a “Statement of Interest
Opposition to Defendants Motion
Statement of DRNY’s Executive Director, Tim Clune on the Supreme Court’s Ruling Overturning Roe v Wade
June 29, 2022 Albany, NY – The overturning of Roe v. Wade has decimated the civil and human rights to bodily autonomy and self-determination for millions of people.
For more than 30 years, DRNY has been fighting to preserve all of our precious civil rights. We fight for the community we serve, including our family and friends.
Class Action Lawsuit Challenges the Prolonged Institutionalization and Hospitalization of Individuals with Developmental Disabilities
Albany, NY June 16, 2022 - Disability Rights New York (DRNY), Kasowitz Benson Torres LLP and Mental Hygiene Legal Service (MHLS) have filed a class action lawsuit against the New York State Department of Health (DOH) and Office for People with Developmental Disability (OPWDD). The complaint was filed in the U.S. District Court for the Southern District of New York on behalf of a class of individuals with developmental disabilities.
Read Full Press Release wth Complaint here
DRNY Files Lawsuit: Inaccessible Sidewalks in Bronx Neighborhood
June 1, 2022 Albany, NY – Disability Rights New filed a lawsuit today against The City of New York, New York City Police Department, New York City Department of Transportation, Eric Adams, in his official capacity as Mayor of the City of New York, Keechant L. Sewell, in her official capacity as Commissioner of the New York Police Department, and Ydanis Rodreguez, in his official capacity as Commissioner of the New York City Department of Transportation. The lawsuit came after nearly two years of unsuccessful attempts to resolve problems people with disabilities face when they are forced to navigate barriers along sidewalks, curb cuts, and crosswalks.
Read Full Press Release with Complaint
Litigation against New York State Board of Elections Resolved -New York to Create Statewide Accessible Absentee Ballot Program
New York, NY (April 5, 2022): The National Federation of the Blind of New York State, American Council of the Blind of New York, Inc., Center for Independence of the Disabled, New York, Disability Rights New York, and several New York voters with disabilities, including Rasheta Bunting, Karen Gourgey, Keith Gurgui, and Jose Hernandez —have settled the Americans with Disabilities Act (ADA) lawsuit they brought against the New York State Board of Elections (NYSBOE) in 2020.
Sweeping Lawsuit Brought against New York State on Behalf of Thousands of Medicaid-eligible Children Denied Mental Health Treatment
NEW YORK, NY March 31, 2022-- New York is denying Medicaid-eligible children their legal right to mental health care. Today, a class action lawsuit was brought by Disability Rights New York, Children’s Rights, the National Health Law Program, and Proskauer Rose LLP.
The lawsuit is brought on behalf of Medicaid-eligible children under the age of 21 with mental health conditions. It asserts that despite federal laws requiring mental health services be available and provided to the State’s Medicaid children and youth, New York administers an inadequate, inaccessible, and fragmented mental health system for these children and youth.
Governor Hochul Makes Positive Changes in New York State
Albany, NY March 4, 2022:
As the designated Protection and Advocacy Agency for New York State, DRNY is pleased to see the recent changes implemented by Governor Kathy Hochul.
DRNY Files Appeal in DOCCS Access to Records Case
Albany, NY December 6, 2021: On December 4, Disability Rights New York (DRNY) filed an appeal with the United States Court of Appeals for the Second Circuit. DRNY is challenging the July 23, 2021 decision and order from the United States District Court for the Northern District of New York in our case against the New York State Department of Corrections and Community Supervision (DOCCS).
DRNY Finds Deficiencies in Department of Health Death Investigation
Albany, NY November 2, 2021: Disability Rights New York (DRNY) published a report today outlining the deficiencies in a New York State Department of Health (DOH) investigation of alleged neglect that may have led to the sudden death of a 57 year-old man in a New York rehabilitation facility.
Lawyers Welcome Ruling Advancing a Landmark Lawsuit Challenging NY’s Prison-to-Shelter Pipeline for People with Mental Illness
NEW YORK, NY October 25 - Disability Rights New York, The Legal Aid Society, and Paul, Weiss, Rifkind, Wharton & Garrison, LLP received a ruling rejecting New York state officials’ motion to dismiss in M.G. v. Cuomo - litigation challenging systemic deficiencies in community-based services for formerly incarcerated people with serious mental illness.
Decision Transcript
Press Release
DOCCS Continues to Deny DRNY Access to Records of Individuals with Disabilities
Albany, NY June 28, 2021 – Disability Rights New York (DRNY) filed a third complaint in the United States District Court for the Northern District of New York today against the New York State Department of Corrections and Community Supervision (DOCCS), and Anthony J. Annucci, in his official capacity as the Acting Commissioner of the New York State Department of Corrections and Community Supervision. DOCCS continues to refuse to provide DRNY with records pertaining to our clients who are in their custody.
Final Approval For Dollar General ADA Nationwide Class Action Settlement Agreement
May 26, 2021 Albany, N.Y. – Judge Stickman of the Western District of Pennsylvania issued final approval of a comprehensive settlement agreement that requires Dollar General Stores across the United States to comply with the ADA.
Public Statement
Read the Agreement
Amended Complaint Adds New Plaintiffs to Represent Thousands of New Yorkers with Mobility Disabilities in Lawsuit Against NYPD
May 20, 2021 Brooklyn, N.Y. – After receiving reports of disparate treatment experienced by individuals with mobility disabilities in the course of arrests, Disability Rights New York, Beldock Levine & Hoffman LLP, and Michael L. Spiegel, Esq. added nonprofit civil membership organization Disabled In Action, and Roy Beckford of Brooklyn, N.Y. as a plaintiff in a class action lawsuit against the New York Police Department (“NYPD”) / New York City.
Disability Rights New York and the Mental Health Recovery Research and Nadal Racial Justice Research Labs at John Jay College of Criminal Justice published their joint report, Systems in Crisis: Identifying Critical Issues in Response to Mental Health Crisis Calls.
March 25, 2021 Albany, NY- Today Disability Rights New York (DRNY) and the Mental Health Recovery Research and Nadal Racial Justice Research Labs at John Jay College of Criminal Justice published their joint report, Systems in Crisis: Identifying Critical Issues in Response to Mental Health Crisis Calls. This report analyzes the reasons calls for assistance during a mental health crisis too often results in death, trauma and other adverse consequences to the person who needed help.
New York State’s Response to the COVID-19 Pandemic Leaves Individuals with Intellectual and Developmental Disabilities (I/DD) Behind
Albany, NY, March 9, 2021 – Today, Disability Rights New York (DRNY), the New York Civil Liberties Union (NYCLU), and New York Lawyers for the Public Interest (NYLPI) jointly published a report titled, “New York State’s Response to Protect People with Intellectual and Developmental Disabilities in Group Homes During the COVID-19 Pandemic.”
U.S. Department of Justice Files Statement of Interest in Landmark Lawsuit Brought by DRNY, Legal Aid, and Paul, Weiss Contesting New York’s Practice of Subjecting People With Mental Illness to the Risk of Deterioration and Re-Incarceration Following Prison Release
Dollar General Class Action Settlement Agreement To Be Reviewed By Public
February 26, 2021 Albany, NY – In the summer of 2020, Carlson Lynch and Disability Rights New York (DRNY) filed a nationwide class action lawsuit against the Dollar General Corporation alleging its stores were not accessible to people with mobility disabilities.
Lawsuit Challenges New York City's Segregation of Staten Island Students with Disabilities
January 26, 2021 STATEN ISLAND, NY – Today attorneys filed a major class action lawsuit challenging New York City’s segregated school system for students with disabilities on Staten Island. The lawsuit alleges that New York City's separate school district for children with disabilities, known as District 75, denies these students an equal education, forcing them into segregated schools and classrooms without adequate resources and with no meaningful opportunity to be integrated into their community schools.
DOCCS Refuses to Provide DRNY Access to Records
Albany, NY December 4, 2020 – Disability Rights New York (DRNY) filed a complaint in the United States District Court for the Northern District of New York today against the New York State Department of Corrections and Community Supervision (DOCCS), and Anthony J. Annucci, in his official capacity as the Acting Commissioner of the New York State Department of Corrections and Community Supervision. DOCCS refuses to provide DRNY with complete and unredacted records pertaining to DRNY clients in DOCCS’ custody that DRNY requested pursuant to the DD and PAIMI Acts.
OWPDD Fails to Release Critical COVID-19 Information
Albany, NY November 23, 2020 – Disability Rights New York (DRNY) filed a complaint with the New York State Supreme Court in Albany County today against the NYS Office for People with Developmental Disabilities (OPWDD) citing unreasonable and substantial delays to a request for data and information made pursuant to the State’s Freedom of Information Law (FOIL).
On July 1, 2020, DRNY requested information on COVID-19 death and infection rates among residents of group homes and other OPWDD-certified settings serving people with intellectual and developmental disabilities (I/DD) and the staff who care for them. Although OPWDD has been collecting and tracking the requested information electronically since March, they claim it is not readily available.
Lawsuit Filed Challenges New York State Department of Health Guidelines Allowing the Reallocation of Personal Ventilators
October 9, 2020: Albany, New York - Disability Rights New York (DRNY) & National Center for Law and
Economic Justice (NCLEJ) filed a class action lawsuit on behalf of Not Dead Yet, NMD United, DRNY,
and individual chronic ventilator users who reside in New York State.
The first of its kind lawsuit challenges the New York State Department of Health’s Ventilator
Allocation Guidelines. These Guidelines allow hospitals to reallocate the personal ventilators of
chronic ventilator users who seek acute medical care in a hospital during a time of triage to
others deemed more likely to survive based on a mechanical scoring system. New York State has the
ability to change this reallocation
policy, as several other states have recently, yet they refuse.
DRNY Finds Restraint Chair Abuse in New York Jails
September 14, 2020: Disability Rights New York (DRNY) published a report today outlining the connection between use of restraint chairs and people with mental health histories in New York county jails. DRNY reviewed data from hundreds of incident reports in 2017 and 2018, and conducted in-depth investigations into several incidents from 2016 through 2019. Based on DRNY’s findings, the serious potential for abuse, harm and even death, and consistent with the United Nations Committee Against Torture’s recommendation to ban use of restraint chairs as methods of constraint issued in May 2000, New York State and counties must take immediate steps to ban their use altogether.
Guptill’s Roller Skating Arena Denies Access to a Young Woman Who Uses a Wheelchair
August 7, 2020- Disability Rights New York (DRNY) filed a discrimination complaint with the United States Department of Justice against Latham Roller Rink, Inc., (Guptill’s Roller Skating Arena), on behalf of Leahna Walker for refusing her access to the roller rink and dance floor.
Agreement Made for June Accessible Absentee Voting Program
June 3, 2020 – New York, NY – A federal court has approved an agreement between the NYS Board of Elections (NYS BOE) and disability groups that provides voters a more accessible absentee ballot for the upcoming June 23 Primary Election. Following a lawsuit filed on May 22 by a disability rights coalition, the NYSBOE has agreed to email accessible absentee ballots to qualified voters with disabilities. Voters can access an Accessible Absentee Ballot Request Form on the NYS BOE website to request an accessible electronically-delivered absentee ballot.
Press Release with Full Agreement
Coalition of Disability Groups Demand Access to New York’s Inaccessible Absentee Voting
May 22, 2020 – New York, NY – Today, a coalition of disability organizations filed a lawsuit against the New York State Board of Elections (“NYS BOE”) for excluding New Yorkers with disabilities as their Absentee Ballot program expanded in response to COVID-19. The lawsuit charges the state agency with discrimination against voters who are unable to independently and privately mark a paper ballot due to print disabilities, including blindness and low vision, or physical disabilities such as paralysis, dystonia, and tremors. All New Yorkers deserve to vote safely and independently, especially during the COVID-19 crisis.
Preliminary Injuction Granted
Albany, NY May 11, 2020: Earlier today, United States District Judge Valerie Caproni for the Southern District of New York granted Disability Rights New York’s motion for a Preliminary Injunction and ordered the Governor to immediately implement in-frame ASL interpreters during his press briefings.
Press Release with Order
Decision
ASL Interpreters Absent from Press Briefings
Albany, NY April 29, 2020: Disability Rights New York (DRNY), has filed a federal lawsuit against Governor Cuomo requesting that the court immediately order Governor Andrew Cuomo to provide American Sign Language (ASL) interpreters at his live televised press briefings.
Congregate Care Settings Must be Priority Recipients of Personal Protection Equipment
Albany, NY April 9, 2020: Disability Rights New York (DRNY) filed a complaint against Governor Cuomo with the United States Department of Health and Human Services (HHS) for failing to designate congregate settings as a priority recipient of Personal Protective Equipment (PPE).
DRNY Seeks Clear Guidance from DOH to Prevent Discriminatory Rationing of Healthcare
ASL Interpreters Absent From Press Briefings
Albany, NY April 3, 2020:Disability Rights New York (DRNY) files a complaint with the United States Department of Justice against Governor Andrew Cuomo for not having American Sign Language (ASL) interpreters at his live press briefings.
The Department of Justice Files Statement of Interest
Disability Rights New York Temporarily Closes Office Locations to the Public
Albany, NY March 16, 2020 -DRNY has been closely monitoring the status of COVID-19 within New York State and across the country. Large and small events have been cancelled, several of our schools have now been closed, and social distancing is something that we must all consciously practice daily.
DRNY Comments on the New York State Commission of Correction’s and the New York State Department of Corrections and Community Supervision’s (DOCCS) Proposed Rules on Disciplinary and Administrative Segregation of Inmates in Special Housing
Albany, NY November 4, 2019-Disability Rights New York (DRNY) submitted comments on New York State Department of Corrections and Community Supervision (“DOCCS”) and New York State Commission of Correction’s (SCOC) proposed rules amending Title 7 of the New York Code of Rules and Regulations limiting the use of segregated confinement.
Joint Statement of Woods Services, Inc. (“Woods”) and Disability Advocates, Inc. d/b/a Disability Rights New York (“DRNY”)
See Attached
DRNY Challenges the Unlawful Practice of Limiting Eligibility for Services to People with Developmental Disabilities
Albany, NY April 8, 2019: DRNY filed a lawsuit in Monroe County State Supreme Court against two New York State agencies for unlawfully using agency guidelines to deny an eight (8) year old disability related services.
DRNY Comments on the New York State Commission of Correction’s Proposed Inmate Confinement and Deprivation Rules
Albany, NY – March 26, 2019 – Judge Frederick J. Scullin, Jr. of the United States District Court of the Northern District of New York denied Dollar General’s motion to dismiss DRNY’s class action lawsuit for their failure to make its New York stores accessible to people with mobility disabilities. DRNY filed this lawsuit in May 2018 on behalf of Jennifer Rossman and others who are prevented from shopping in Dollar General’s stores because merchandise, boxes, displays and inventory carts block aisles and entry ways.
THE LEGAL AID SOCIETY & DRNY FILE CLASS ACTION LAWSUIT AGAINST NYS
NEW YORK, NY January 23, 2019 – The Legal Aid Society and Disability Rights New York filed a lawsuit today in the United States District Court for the Southern District on behalf of a class of New Yorkers with mental illness who have been held in prison because of a lack of community-based mental health housing programs. Some Plaintiffs have been incarcerated for as long as 16 months past their release dates.
TROY RESIDENTS WITH MOBILITY IMPAIRMENTS CANNOT #ENJOYTROY NY STREETS & SIDEWALKS
Albany, NY January 18, 2019: Disability Rights New York (DRNY) filed a lawsuit today in the United States District Court for the Northern District of New York on behalf of two residents against the City of Troy, NY. Cheryl Seaton and Mosses Lugo are suing the City for failing to maintain accessible sidewalks, curb cuts and pedestrian crossings in violation of Title II of the Americans with Disabilities Act of 1990 (“ADA”), 42 U.S.C. § 12131 et seq., and Section 504 of the Rehabilitation Act of 1973 (“Section 504”), 29 U.S.C. § 794.
DRNY COMMENTS ON CMS PROPOSED RULE ON MEDICAID MANAGED CARE (CMS–2408–P)
Albany, NY January 16, 2019: On Monday, January 14 2019, DRNY submitted comments on the U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services (CMS) Proposed Rule on Medicaid Managed Care (CMS–2408–P).
Press Release with Full Report
WHEELCHAIR USERS IN NYC EXPOSED TO HARMFUL TREATMENT BY NYPD
Albany, NY - October 22,2018: DRNY is joining a class action suit initiated by Beldock Levine & Hoffman LLP and Michael L. Spiegel, Esq, against NYPD / NYC for exposing wheelchair users to harmful and discriminatory treatment at the time of arrest. People have been forcibly removed from wheelchairs and/or left in NYPD facilities, including cells and bathrooms. Unable to have their mobility disabilities accommodated, they are exposed to indignities and physical harm during the arrest processing.
Press Release with Full Report
RENSSELAER COUNTY POLLING SITES ARE INACCESSIBLE & VIOLATE FEDERAL LAW
Albany, NY – October 11, 2018 – Disability Rights New York (DRNY) issued a new report today highlighting Rensselaer County's violations of Title II of the Americans with Disabilities Act (ADA). The ADA guarantees voters with disabilities the right to fully accessible polling places. DRNY surveyed eight (8) polling sites in Rensselaer County during the June 26, 2018 federal primaries. Seven (7) of the eight (8) sites surveyed were found to have at least two (2) significant accessibility barriers.
The June 2018 federal primary marks the fifth (5th) straight election that barriers have been found that prevent voters from voting in Rensselaer County.
Press Release with Full Report
DRNY COMMENTS ON OPWDD MEDICAID MANAGED CARE ORGANIZATION PLAN
Albany, NY - October 3, 2018 - DRNY submitted comments on the Draft New York State Medicaid Managed Care Organization I/DD System Transformation Requirements and Standards to Serve Individuals with Intellectual and/or Developmental Disabilities in Specialized I/DD Plans.
DRNY COMMENTS ON EMERGENCY REGULATION 14 NYCRR § 629.1
Albany, NY - September 28, 2018 - DRNY has submitted comments on the Emergency Regulation 14 NYCRR § 629.1 enacted by OPWDD. DRNY has an interest in ensuring that people with disabilities are able to receive the support they need to live independently in their communities through the Home and Community Based Services (“HCBS”) Waiver.
RAISE THE AGE PROPOSED REGULATIONS HARMFUL TO YOUTH WITH DISABILITIES
Albany, NY - August 31, 2018 - DRNY has submitted comments on the “Raise the Age” detention regulations proposed by the State Commission of Correction (SCOC), urging revisions to protect youth with disabilities. There are critical gaps in the proposed standards for youth with disabilities who will be confined in the new Specialized Secure Juvenile Detention (SSD) facilities. This new type of juvenile detention facility will house older youth as the state begins to implement Raise the Age legislation to end the prosecution of all 16- and 17-year olds as adults. The SCOC must recognize the disproportionate number of youth with disabilities who will be housed in SSD facilities and implement appropriate standards of care to safeguard their health and safety.
ACCESS TO RECORDS DENIED BY DOCCS
Albany, NY – August 15, 2018 – DRNY filed a lawsuit against the New York State Department of Corrections and Community Supervision in the Northern District of New York. DRNY has filed this litigation to enforce its authority under the Protection & Advocacy (P&A) Acts to obtain access to the records of 32 inmates with disabilities, plus one inmate who died in DOCCS’s custody. DOCCS has obstructed DRNY access to these records.
“DOCCS appears to be intentionally thwarting our efforts to investigate a death and other rights violations by failing to timely provide the requested records,” Timothy A. Clune, DRNY Exec. Dir., “They are clearly violating federal law.”
ACCESS TO SERVICES DENIED
Albany, NY - August 8, 2018: Disability Rights New York (DRNY) filed a lawsuit on behalf of three named Plaintiffs against New York State Department of Corrections and Community Supervision (DOCCS) in the Western District of New York. DRNY alleges that DOCCS has violated the Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12182 et seq. and Section 504 of the Rehabilitation Act (“Section 504”), 29 U.S.C. § 794. DRNY is seeking class certification.
Complaint
Press Release
DOCCS & OMH SYSTEMIC DEFICIENCIES CONTRIBUTE TO INMATE SUICIDE
Albany, NY – July 30, 2018 – On November 7, 2017 Disability Rights New York (DRNY) issued a findings letter to NYS Department of Corrections & Community Supervision (DOCCS) and NYS Office of Mental Health (OMH) regarding the suicide of Benjamin Van Zandt.
In October of 2014, Mr. Van Zandt was a twenty one (21) year old patient with serious mental illness residing in the Special Housing Unit (SHU) at Fishkill Correctional Facility. After an altercation with another patient on October 19, 2017, Mr. Van Zandt was moved to a confinement cell pending a disciplinary hearing. In less than twenty-four (24) hours he told staff he felt suicidal.
Over the course of the next eleven (11) days, both DOCCS and OMH ignored Mr. Van Zandt’s mental health history and his voiced fear of feeling unsafe and suicidal. On October 30, 2014 Mr. Van Zandt was returned to SHU and attended a Tier II disciplinary hearing where he received a sanction of thirty days of keeplock confinement. Mr. Van Zandt committed suicide just a few hours after DOCCS imposed the confinement sanction.
“Benjamin should be alive today. He specifically told DOCCS & OMH staff that he did not feel safe in solitary confinement and was afraid he would hurt himself. Instead of taking steps to help him, they ignored his pleas and kept him locked in solitary confinement,” said Tim Clune, DRNY Exec. Dir. “What did they expect would happen?”
DOCCS & OMH have continually rejected recommendations to change procedures dating back as far as 2007. Recommendations citing that ICP patients transferred to SHU experienced exacerbation of mental health symptoms and that housing alternatives to SHU were necessary.
Despite follow up inquires by DRNY, over the past eight months, neither NYS DOCCS nor NYS OMH have responded to this letter.
NEW YORK STATE POLLING SITES ARE INACCESSIBLE & VIOLATE FEDERAL LAW
Albany, NY – July 19, 2018 – DRNY issued new reports today highlighting counties in violation of Title II of the Americans with Disabilities Act (ADA). The ADA guarantees voters with disabilities the right to fully accessible polling places. In total, DRNY surveyed 79 poll sites throughout NYC, Erie and Wyoming counties during the September 2017 Primary Elections and the November 2017 General Elections.
DRNY found a variety of access barriers in all counties reported on. These barriers include blocked or narrow paths to voting booths and voting machines with screens that were visible to people in the voting area. Screens that are visible to others compromises voter privacy, thereby restricting access to voting.
Erie County Report
NYC Report
Wyoming County Report
Press Release
Spectrum News on Reports
DRNY SUES LANDLORD FOR DENYING ACCESS RAMP
Brooklyn, NY – May 29, 2018 –Donna Rubin has been unable to leave her home, without being lifted out, because her landlord refuses to let her install a wheelchair-accessible ramp. She has secured all of the funding to pay for the ramp. After spending over $30,000 to be lifted out of her home, and exhausting her money, she couldn’t even afford to visit her fiancé’s bedside prior to his death.
“The landlord’s refusal to allow Ms. Rubin to build a ramp will not go unaddressed,” said Tim Clune, DRNY Exec. Dir. “There is no excuse and this is just pure discrimination.”
DRNY FILES CLASS ACTION LAWSUIT OVER INACCESSIBLE DOLLAR GENERAL STORES
Albany, NY – May 15, 2018 – DRNY filed a class action suit against the Dollar General Corporation for failing to make their New York stores accessible to people with mobility disabilities. Jennifer Rossman, a wheelchair user, wants to shop at her Dollar General store. However, large stocking carts, cardboard displays and merchandise stacked in aisles and outside the store’s entrance prevented her from shopping. Jennifer is not alone. DRNY found similar problems in 75 other New York Dollar General stores.
“When your stores are inaccessible, it is not just a bad business decision, it is against the law,” said Tim Clune, DRNY Exec. Dir.
NYS COURT OF APPEALS DECISION PROTECTS NYC TENANTS WITH DISABILITIES
Brooklyn, NY – May 14, 2018 – In a recent decision, the Court of Appeals preserved the rights for all New York City tenants with disabilities and ensured that Irene Politis, a senior with a mobility disability, could access her apartment. Marine Holdings, LLC, et al., v. New York City Commission on Human Rights, et al., a case that Disability Rights New York (DRNY) supported with an Amicus Brief, was taken to the highest Court in New York after Ms. Politis’ landlord refused to install a wheelchair-accessible entrance and ramp to her apartment. Access to accessible housing is critical for tenants with disabilities and many must seek modifications from the landlord to their apartments to accommodate their needs. DRNY argued that to refuse an accommodation the landlord must prove hardship. Not only does the law explicitly place this burden on landlords, but the negative consequences of imposing such a burden on tenants like Ms. Politis would be dramatic.
“People are often forced out of their homes because their landlords refuse to make them accessible,” said DRNY Executive Director Timothy A. Clune. “The Court of Appeals has affirmed a well-established responsibility of landlords and protected tenants with disabilities.”
RENSSELAER COUNTY POLLING SITES REMAIN INACCESSIBLE
Albany, NY – April 16, 2018 – DRNY filed a second complaint with the U.S. Department of Justice (DOJ) against Rensselaer County for preventing people with disabilities from voting. In 2016, after DRNY filed a similar complaint, the DOJ demanded Rensselaer County take corrective action to remedy violations. Despite these demands, for the third straight election, DRNY has found inaccessible polling places in Rensselaer County. During the last election, 90% of the sites surveyed by DRNY violated the Americans with Disability Act and other federal laws.
Rensselaer County Report
Press Release
DRNY COMMENTS ON OPWDD HCBS WAIVER TRANSITION PLAN
NYS is fast tracking a major overhaul to the HCBS Waiver program, which covers almost all Medicaid services under OPWDD, and begins on July 1, 2018. The new 1115 Waiver Transition Plan is extremely complex and lacked ample input from parents, advocates and individuals. DRNY has provided ongoing comments on the proposal:
Comments on 3-19-18
Comments on 1-5-18
Comments on 8-21-17
Comments on 8-4-17
You can learn more at OPWDD local “forums”
OPWDD Response to Comments
FEDERAL COURT RULED LSAT TEST PROVIDER DISCRIMINATED AGAINST PEOPLE WITH DISABILITIES
Albany, NY – March 21, 2018 - The Law School Admission Council routinely denied testing accommodations & flagged test scores of people with disabilities when scores were sent to law schools. The Court said that despite over 5,000 requests in the 2017-18 testing cycle, LSAC processed only 8 appeals.
NYS AGREES TO IMPROVE PROCESS FOR HELPING NYC ADULT HOME RESIDENTS WITH MENTAL ILLNESS TRANSITION INTO THE COMMUNITY
Brooklyn, NY – March 14, 2018 - In the case of O’Toole v. Cuomo, DRNY is co-counsel to the class of thousands of adult home residents who have the opportunity to move to the community if they so choose. In a new supplemental agreement, NYS has agreed to provide as many supported housing units as necessary to afford all adult home residents with serious mental illnesses the opportunity to live in the most integrated setting appropriate to their needs, and provide and maintain community services and support.
Press Release
JUDGE SHARPE GRANTS SUMMARY JUDGMENT IN DRNY V. WISE (JUSTICE CENTER)
Albany, NY – February 28, 2018 - Early yesterday morning, Senior Judge Gary L. Sharpe found that the New York State Justice Center for the Protection of People with Special Needs (Justice Center), knowingly violated federal law by redacting information from records provided to DRNY, withholding records DRNY relies up to conduct investigations, and failing to timely comply with disclosure obligations.
The court held that the Justice Center's conduct deprived DRNY of its federal right to promptly access un-redacted records.
“The Justice Center must now comply with federal law and stop undermining our Congressional mandate to protect and advocate for people with disabilities.” Tim Clune, DRNY Exec. Dir.
DRNY FILES AMICUS BRIEF TO PRESERVE REASONABLE ACCOMMODATIONS IN NYC HOUSING
Albany, NY – February 21, 2018 – A critical protection for New York City (NYC) tenants with disabilities is at risk. Because affordable accessible housing is very rare in NYC, tenants with disabilities must request that their landlords modify their apartments to accommodate their needs. The NYC Human Rights Law explicitly requires that landlords prove an undue hardship to deny the accommodation. Despite this clear language, a New York appeals court ignored the statue and required the tenant to show that the request was not overly burdensome.
The decision is being appealed to New York State’s highest court. Disability Rights New York (DRNY) has been granted permission to file an Amicus Brief in this case. If this decision is not reversed, many NYC tenants with disabilities will go without needed accommodations and be forced out of their homes.
“Placing a greater burden on people with disabilities to have the accommodation they need to remain in their home is unacceptable,” said DRNY Executive Director Timothy A. Clune. “The law is clear and the Courts need to make sure it is followed.”
WORKSHOPS DON’T WORK – PEOPLE WITH DISABILITIES DESERVE MORE
Albany, NY – February 8, 2018 – Despite Federal laws rejecting the unnecessary segregation of individuals with disabilities, New York State maintains a below minimum wage workshop system. These segregated programs have been operating for decades under a false assumption that people with disabilities must participate in intensive segregated pre-employment training to be employable. Nearly 9000 New Yorkers are in sheltered workshops, making
such things as orange road flags for construction projects, with minimal opportunity for inclusive employment while
being paid sub-minimum wages. A DRNY investigation of over 40 New York sheltered workshops found that appropriate employment opportunities were not being provided to individuals.
The State planned on closing all sheltered workshops by 2019, but then pushed that date to 2022. Now the State has proposed regulations attempting to eliminate certain requirements on providers of sheltered workshops. By doing so, the State interferes with the plan to transition New Yorkers out of sheltered workshops and into competitive employment. DRNY filed comments on the proposed regulations.
“New York’s Sheltered Workshop system doesn’t work and this failed policy must end immediately. It is unconscionable that the State extended the program for another 3 years,” said DRNY Executive Director Timothy A. Clune. “People need real work opportunities now, not sub-minimum wages with reduced accountability, which is what these amendments offer."
DRNY FINDS PROPOSED NYS JAIL REGULATIONS ON SEGREGATED CONFINEMENT LACKING
Albany, NY, January 10, 2018 – DRNY identified serious deficiencies in New York State’s proposed amendments on “Inmate Confinement and Deprivation” in jails. Specifically, the proposed regulations fail to address the needs of people with disabilities and the significant risk of harm when placing people with disabilities in segregated confinement. Inmates with serious mental illness are disproportionately punished in jails with segregated confinement. Once in these segregated settings, many experience mental health deterioration from the isolating conditions and the lack of mental health treatment.
“These regulations fail to address the extreme hardship that segregated confinement causes those with serious mental illness and other disabilities,” said DRNY Executive Director Timothy A. Clune. “While DRNY’s recommendations will improve the regulation, ultimately, New York State should be taking steps to eliminate the use of segregated confinement for people with disabilities and provide critical mental health services.”
DRNY APPEALS ABSTENTION RULING IN ARTICLE 17A GUARDIANSHIP CASE
Albany, NY, December 18, 2017 – DRNY filed its brief challenging the dismissal of DRNY v. New York State, et. al. DRNY seeks to stop the state from terminating all decision making rights of people with intellectual and developmental disabilities under Article 17A of the Surrogates Court Procedure Act (Article 17A) without due process or equal protection of the law. In August 2017, the District Court ruled that it would abstain from hearing DRNY’s case because DRNY could bring this action in State court. A key responsibility of the Federal Courts is to determine when State laws, like Article 17A, violate the United States Constitution and Federal laws. Without such Federal Court review, citizens cannot challenge State laws that violate their fundamental rights. DRNY will continue to challenge this archaic and unconstitutional law.
FAILURE TO DISCHARGE ADULTS FROM RESIDENTIAL SCHOOLS KEEPS NEW YORK STATE RESIDENTS AND MILLIONS OF DOLLARS OUT OF STATE: NYS Office for People with Developmental Disabilities leaves numerous eligible adults languishing in institutional settings
Albany, NY, November 30, 2017 – DRNY filed a complaint in the United States District Court in the Eastern District of New York today citing pervasive discriminatory practices on the part of New York State and the Office for People with Developmental Disabilities (“OPWDD”).
In violation of the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, OPWDD fails to timely plan and implement discharge of eligible adults remaining in inappropriate residential schools. Currently, there are nearly 100 adults stuck in residential schools, many of whom are denied access to adult programs and services such as employment skills training. By law adults over the age of 21 are ineligible for residential educational placement yet OPWDD continues to spend millions of dollars keeping them in these institutional settings.
INVESTIGATIVE REPORT: REPORT & RECOMMENDATIONS CONCERNING ATTICA CORRECTIONAL FACILITY'S RMHU
Albany, NY - September 12, 2017 - DRNY issued a public report highly critical of how the State operates a mental health program at Attica Correctional Facility. DRNY found that the State has abused and neglected prisoners in Attica’s Residential Mental Health Unit (RMHU). The State’s operation of the program violates the “SHU Exclusion Law,” a law intended to protect individuals with serious mental illness from the harmful effects of solitary confinement. The RMHU is jointly operated by the Department of Corrections and Community Supervision (DOCCS) and Office of Mental Health (OMH).
Full Report
Press Release
84% OF ERIE COUNTY POLLING PLACES SURVEYED BY DRNY ARE INACCESSIBLE TO VOTERS WITH DISABILITIES
Albany, NY - September 11, 2017 - DRNY issued a public report based on surveys conducted during the State General Elections on 11-8-16 that found an alarming 84% of the polling sites violated the ADA.
The right to vote is one of the most important rights of all Americans. “It is inexcusable that Erie County is still using inaccessible polling locations and voting systems that don’t work for people with disabilities,” said Timothy A. Clune, DRNY Executive Director. “If you can’t get in, you can’t vote.”
Full Report
Press Release
INVESTIGATIVE REPORT: REPORT & RECOMMENDATIONS ON ADA COORDINATORS AT NYS & LOCAL ENTITIES
Albany, NY - July 19, 2017 - DRNY issued a public report after surveying 156 city, town, and village governments in New York State and concluded that 74% were out of compliance with the Americans With Disabilities Act (ADA). Under the ADA, public entities with 50 or more employees must designate an employee to coordinate ADA compliance. The ADA Coordinator is the primary contact for people with disabilities who must ensure equal access to public services and programs. DRNY has demanded immediate action to correct the deficiencies identified in its Report.
NIAGARA REHABILITATION AND NURSING CENTER ABUSES AND NEGLECTS RESIDENTS
Albany, NY - July 11, 2017 - DRNY issued a public report documenting abuse and neglect at Niagara Rehabilitation and Nursing Center (NRNC), a skilled nursing facility in Niagara Falls, NY. DRNY launched its investigation of NRNC in Nov. 2016 after receiving multiple complaints of the poor conditions of the facility and the inferior care provided to residents.
“DRNY uncovered serious systemic practices that put residents at risk of physical and emotional harm,” said DRNY Executive Director Timothy A. Clune, Esq. “NRNC must immediately remedy these issues. We will continue to monitor NRNC.”
Full Report
Press Release
INACCESSIBLE POLLING SITES IN GREENE COUNTY VIOLATE FEDERAL LAW
Albany, NY - June 9, 2017 - 80% of the polling places surveyed by DRNY in Greene County were inaccessible to voters with disabilities. DRNY issued a public report of its findings from the 2016 Elections.
The right to vote is one of the most important rights of all Americans. “It is inexcusable that Greene County is still using inaccessible polling locations and voting systems that don’t work,” said Tim Clune, DRNY Executive Director. “If you can’t get in, you can’t vote.”
Press Release
Report
HIGH SCHOOLER WITH DISABILITIES DENIED RIGHT TO PLAY BASKETBALL
Albany, NY - May 17, 2017 - B.M., a HS student with disabilities, filed a lawsuit challenging the denial of eligibility to play basketball by the New York State Public High School Athletic Association (NYSPHSAA), and Section IV of NYSPHSAA. B.M. loves basketball and has been a proud member of his high school’s team for four seasons. However, his disabilities have limited his play, including only playing eight minutes in one season. “I've played basketball since I was in first grade and enjoy being part of a team,” said B.M. “Being competitive motivates me to want to go to school even when I'm hurting.”
LANDLORD THREATENS EVICTION OF FAMILY WITH SERVICE ANIMAL
Brooklyn, NY - May 16, 2017 – DRNY filed a lawsuit to prevent landlords, Joseph Nikifor and Kathleen Nikifor (the Nikifors), from initiating an eviction proceeding against a family who has a service animal. The Nikifors refused to renew the family’s lease without a pet deposit and threatened eviction if the deposit was not paid Monday. The family has a golden retriever service dog, named Jax. The service dog was prescribed for E.C. and O.C., two young boys with Autism and Attention Deficit Hyperactivity Disorder, by their physician to ameliorate the symptoms of their disabilities. Their mother, M.C. has spent the last three months trying to explain to the Nikifors that Jax is a service animal and not a pet.
“I told my landlord repeatedly that Jax is prescribed by the boys’ doctor as a service animal and not a pet. My landlord insisted I pay a pet deposit or leave,” said M.C. “Having to suddenly leave our home and uproot our family would be traumatic for my children.”
“Landlords may not extort an extra fee from people who need a service animal,” said DRNY Executive Director Timothy A. Clune.
NEW YORK BAR FOUNDATION GIVES DRNY $8000 GRANT
Albany, NY April 28, 2017 – The New York Bar Foundation presented a grant of $8,000 to Disability Rights New York (DRNY). This grant will be used to support the Know Your Obligations & Know Your Rights Sign Language project.
DRNY will educate health care providers and people who are deaf or hard of hearing about their rights and obligations under both the Americans with Disabilities Act and the New York State Human Rights Law.
“Many medical providers are unaware of their obligation to provide sign language interpreters to their patients,” said Timothy A. Clune, Esq., Executive Director. “This funding will enable DRNY to conduct statewide education and ensure that people can obtain interpreters to effectively communicate with their doctors.”
INVESTIGATIVE REPORT: NORTH COLONIE SD TAKES CORRECTIVE ACTIONS TO ADDRESS FINDINGS OF ABUSE AND NEGLECT OF STUDENTS WITH DISABILITIES AT BLUE CREEK ELEMENTARY SCHOOL
Albany, NY April 21, 2017 -DRNY issued a public report documenting abuse and neglect in a special education classroom at Blue Creek School and the corrective action taken by the North Colonie School District (North Colonie) to address its more troubling practices. DRNY launched an investigation in 2013 after receiving multiple complaints of improper use of physical restraints, failure to notify parents and guardians of the use of physical restraints, and other misconduct threatening the safety and wellbeing of elementary age students with significant disabilities at Blue Creek Elementary School. North Colonie initially refused DRNY access to the school, students, and requested records and DRNY brought a federal lawsuit Disability Rights N.Y. v. N. Colonie Bd. of Educ.. In 2016, the District Court upheld DRNY’s investigative authority.
STAFF CHARGED WITH CARING FOR A PERSON WITH A DISABILITY LEAK PRIVATE INFORMATION AND ENDORSE FALSE RUMORS ON SOCIAL MEDIA
Albany, NY April 12, 2017 - DRNY filed a suit, Allan Walley v. Casey Holtslander and Terri Holtslander, against two Broome Developmental Center staff that allegedly purposefully shared private information about a person with a disability who they were charged with protecting. “We are sending a clear message that there are consequences when you violate our client’s rights,” said Timothy A. Clune, Esq., DRNY Executive Director.
DRNY FAVORABLY SETTLED FEDERAL LAWSUIT AGAINST THE SACHEM CSD THAT DENIED A STUDENT’S USE OF HIS SERVICE DOG FOR NEARLY FIVE YEARS
Albany, NY March 17, 2017 - After nearly five years of litigation, a child with autism is now able to have his service animal with him in class and at school activities at Sachem Central School District (Sachem) in Ronkonkoma, NY. DRNY favorably settled a lawsuit against Sachem for illegally denying the child the use of his service dog in school and at school functions. The federal lawsuit, filed on behalf of the child and his parents in the Eastern District of New York on May 19, 2015, charged that Sachem, as well as the District’s Board and Superintendent, discriminated against the child by repeatedly refusing to allow the service dog on school property.
NYS JEOPARDIZES THE RIGHTS OF OVER 5,000 PEOPLE IN ADULT HOME CLASS ACTION & THE NYS ATTORNEY GENERAL SEEKS TO WITHDRAW FROM REPRESENTING THE STATE
Albany, NY March 1, 2017 - New York State took actions which appeared to be calculated to scuttle a settlement, which DRNY helped reach, that gives over 5,000 people with mental illness the opportunity to leave institutions and live in the community. The State’s Office of Mental Health and Department of Health have jeopardized the viability of the settlement, reached in January 2014, by agreeing to a five month stay of a state regulation limiting admissions of adults with serious mental illness into these highly impacted adult homes.
AG Withdrawal Doc
Court Transcript
Press Release
Settlement
DRNY PROUDLY ANNOUNCES OUR NEW LEGAL DIRECTOR & GENERAL COUNSEL
Albany, NY January 4, 2017 - DRNY is proud to announce that Jennifer J. Monthie, Esq. has been appointed as Legal Director. Ms. Monthie has spent the last 14 years representing individuals with disabilities, joining Disability Advocates, Inc., (DAI) in 2003 as a staff attorney, before advancing to senior staff attorney and then as DRNY’s Director of the Protection and Advocacy (P&A) for Individuals with Intellectual and Developmental Disabilities (PADD), P&A for Assistive Technology (PAAT), and P&A for Individuals with Traumatic Brain Injury (PATBI) programs. Her efforts have strengthened the rights of people with disabilities to make their own life choices, learn and live in their community and be free from abuse and exploitation. Ms. Monthie brings her tremendous energy and unwavering commitment to DRNY’s mission of advocating for the civil and legal rights of New Yorkers with disabilities. “It has been an incredible honor to be a part of this important civil rights organization for the last 14 years. I am privileged to be given an opportunity to serve as DRNY’s Legal Director.”
After twenty-seven years of dedicated service, Cliff Zucker, Esq., will step down as Legal Director and continue his service to DRNY as General Counsel. From 1989 until June 2013 he was the founding Executive Director of DAI before DRNY transitioned to the Statewide Protection and Advocacy System for New York State. Mr. Zucker has served as Legal Director and General Counsel of DRNY since 2013. Mr. Zucker has a long and distinguished litigation career with several landmark disability rights cases. He was a lead counsel in two lawsuits against New York State to enforce the integration mandate of the Americans with Disabilities Act on behalf of thousands of persons with mental illness in nursing homes and adult homes which resulted in settlements that will give thousands of people the opportunity to live and receive services in supported housing and other integrated setting in the community. He also represented DAI in litigation against the State of New York which resulted in greatly expanded mental health treatment for state prisoners with serious mental illness and created humane and secure treatment settings for many prisoners with serious mental illness who had suffered in Special Housing Units (solitary confinement). “I’m looking forward to continuing to work with DRNY to advance the rights of people with disabilities.”
NEW YORKERS WITH DISABILITIES SEEK IMPLEMENTATION OF TEXT-TO-911 SERVICE FOR ALL
Brooklyn, NY, January 5, 2017 – Nick Dupree, a Queens County resident who cannot speak because he has a tracheotomy and uses a ventilator, and Deborah LoGerfo, a Suffolk County resident who has a hearing impairment, filed a complaint in the United States District Court for the Eastern District of New York against the City of New York, Nassau County and Suffolk County, seeking an order to compel these municipalities to provide text-to-911 services, which have been available since 2014. Their failure to act is in violation of the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act of 1973 (Section 504). The case has been assigned to Judge Joan M. Azrack and Magistrate Judge Anne Y. Shields.
BELLEVUE HOSPITAL’S USE OF RESTRAINTS IS ALARMING!
DRNY & MHLS CALL FOR ACTION NOW
Albany, NY, November 1, 2016 - In a joint investigation by the Mental Hygiene Legal Service for the First Judicial Department (MHLS) and DRNY, evidence was uncovered demonstrating an unusually high usage of mechanical restraints on patients at Bellevue Hospital Center as compared to other public hospitals in New York City. The report, titled, “Investigation Report: Use of Restraints on Psychiatric Patients at Bellevue Hospital Center,” was published on November 1, 2016. Bellevue’s high incidence of mechanical restraint usage on psychiatric patients is a significant area of concern. As Bellevue’s own policy states, restraint use “has the potential to produce serious consequences, such as physical and psychological harm, loss of dignity, violation of an individual’s rights, feelings of isolation and even death.”
DRNY SEEKS FEDERAL INJUNCTION DECLARING ARTICLE 17A GUARDIANSHIP UNCONSTITUTIONAL
Albany, NY September 26, 2016 – DRNY filed suit in the United States District Court for the Southern District of New York, against New York State; the Unified Court System of The State of New York, Honorable Janet Difiore, as Chief Judge of the New York State Unified Court System; and Honorable Lawrence K. Marks, as Chief Administrative Justice of the New York State Unified Court System, seeking to enjoin the state from appointing guardianships pursuant to Article 17A of the Surrogate Court Procedure Act (Article 17A), because the statute violates the Fifth and Fourteenth Amendments to the United States Constitution, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act of 1973 (Section 504).
EMPLOYEES WHO USE WHEELCHAIRS ARE OUT OF FASHION IN NEW YORK!
NEW STUDY FINDS “NO FOOT IN THE DOOR” FOR QUALIFIED JOB SEEKERS AT 41% OF NEW YORK CITY FASHION RETAILERS.
Albany, NY, September 19, 2016 –Workers with disabilities have unemployment rates double the rate of those in the general workforce and earn as little as half of what people without disabilities earn. Disability Rights New York’s (DRNY), investigation and study, conducted by labor economist Marc Bendick, Jr., Ph.D., demonstrates that these outcomes often arise not because these workers can’t do the job, but instead because employers don’t give them a chance. The first of its kind study in retail fashion employment found an alarming 41% of retailers discriminated against people with disabilities.
Full Report
Press Release
Video
DRNY COMMENTS ON NYSED RULE: SUPERINTENDENT’S DETERMINATION OR LOCAL DIPLOMA
Albany, NY, August 2, 2016 - In June, the New York State Department of Education (NYSED) enacted emergency regulations creating a new pathway only for students with disabilities to earn a local high school diploma through a “Superintendent’s Determination.” Before becoming a permanent regulation in September, NYSED must consider PUBLIC COMMENTS SUBMITTED BY AUGUST 22. The potential permanent regulation has very significant implications for students with disabilities, but the public notice of this change has been minimal. There is an overview of the proposal and listed the benefits and concerns, as well as potential modifications to address specific concerns provided by stakeholders. NYSED must consider all comments submitted by the public before making the regulation permanent. Therefore, your voice really matters.
DRNY strongly encourages stakeholders to submit a public comment by email or letter.
RENSSELAER COUNTY POLLING SITES ARE NOT ACCESSIBLE AND IN VIOLATION OF FEDERAL LAW
Albany, NY, August 1, 2016 – Disability Rights New York (DRNY), filed complaints with both the U.S. Department of Justice and the NYS Attorney General’s Office regarding inaccessible polling locations in Rensselaer County that prevent people with disabilities from voting. DRNY found that 29 of the polling sites surveyed were not accessible and in many cases Ballot Marking Devices (BMD) used by people with disabilities were not ready to use or were malfunctioning.
“It is inexcusable that Rensselaer County is still using inaccessible polling locations and voting systems that don’t work,” said Timothy A. Clune, DRNY Executive Director. “If you can’t get in, you can’t vote. Rensselaer County was advised of these problems a while ago and has not taken any action to fix them.”
DOJ Complaint
NYS AG Complaint
Press Release
Video: #FIXITNOW
DRNY FINDS PROBLEMS WITH SOLITARY CONFINEMENT REFORMS FOR PEOPLE WITH DISABILITIES
Albany, NY, July 28, 2016 – Disability Rights New York (DRNY) finds that the NYS Department of Corrections and Community Supervision (DOCCS) and Office of Mental Health (OMH) failed to adequately serve incarcerated people with disabilities. DRNY issued a report following its 2014-2015 monitoring and investigation of the Correctional Alternatives Rehabilitation Unit (CAR) at Sullivan Correctional Facility, which DOCCS opened in May 2014. The report includes findings of abuse and neglect and makes recommendations to DOCCS.
THE JUSTICE CENTER IS FAILING TO PROTECT PEOPLE WITH DISABILITIES - DISABILITY RIGHTS NEW YORK CALLS FOR REFORMS
Albany, NY, July 18, 2016 - In 2013, Governor Andrew M. Cuomo created the Justice Center for the Protection of People with Special Needs (Justice Center), with the promise that this agency would effectively investigate and prosecute abuse and neglect of people with disabilities. Over three years later, New York has failed to deliver on that promise.
MAKING HARD TIME HARDER:
REPORT OUTLINES NEED FOR ACCOMMODATIONS FOR INMATES WITH DISABILITIES
Albany, NY, July 1, 2016 - More than 600,000 inmates with disabilities in prisons across the country spend more time in prison, under harsher conditions, than inmates without disabilities, according to research. Today, Amplifying Voices of Inmates with Disabilities (AVID), a nationwide project of disability protection & advocacy organizations, released Making Hard Time Harder: Programmatic Accommodations for Inmates with Disabilities Under the Americans with Disabilities Act. The report outlines lack of accommodations for inmates with disabilities.
Press Release
AVID Project Website
DISABILITY RIGHTS NEW YORK SEEKS PRELIMINARY INJUNCTION IN FEDERAL LAWSUIT AGAINST SERVICE PROVIDER FOR FAILURE TO COMPLY WITH REQUESTS BY DRNY TO INVESTIGATE ALLEGATIONS OF ABUSE AND NEGLECT
Albany, NY February 19, 2016 – DRNY filed suit against Northern Rivers Family Services, Inc., John Henley, Chief Executive Officer of Northern Rivers Family Services, and Northeast Parent and Child Society, Inc., for illegally denying DRNY access to a residential treatment center and the records of DRNY clients who were residents of this facility. The lawsuit was filed in the United States District for the Northern District of New York.