; New York Post; Nov 7, 2013
The city isn’t prepared to evacuate its disabled residents during emergencies – a problem that reared it’s a ugly head during Hurricane Irene and Superstorm Sandy — a federal judge ruled Thursday.
Manhattan federal Judge Jesse Furman sided in favor of advocacy groups who had sued the city in 2001 alleging its disaster plan discriminates against those with disabilities.
Furman in his 119-page opinion praised the Bloomberg administration for doing an “outstanding” job preparing for emergencies but said the city still has a sketchy record accommodating the handicapped and found it’s in violation of the Americans with Disability Act.
“Most significantly, the city’s plans are inadequate to ensure that people with disabilities are able to evacuate before or during an emergency,” Furman wrote. “They fail to provide sufficiently accessible shelters; and they do not sufficiently inform people with disabilities of the availability and location of accessible emergency services.”
Among his findings in favor of the Brooklyn Center for Independence of the Disabled and other plaintiffs were that the city lacks adequate transportation to help disabled person evacuate, especially those living in high rises, and that many evacuation centers citywide are inaccessible to people in wheelchairs.
Daniel L. Brown, a lawyer for the plaintiffs, hailed the decision.
“We agree with the judge that the city and its first responders do an admirable job responding to disasters,” Brown said. “But the city has failed in responding to those with disabilities, and they’re the most vulnerable people at these most vulnerable times.”
He said he expects both sides to now meet with a mediator and come up with ways to remedy the matter to boost the handicapped. The lawsuit didn’t seek any money for the plaintiffs – only changes by the city so it is ADA compliant.
City Corporation Counsel Michael Cardozo said “While we are disappointed with the court’s conclusions, we are gratified it recognized that the city’s extensive planning is impressive.
“Planning for the needs of people with disabilities has always been and remains a priority for the city. We are continuing to review this decision and assess our next steps.
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