Staten Island Advance: Litigator in various ADA lawsuits across state turns focus to Staten Island
By: Pamela Silvestri
A litigator who has filed dozens of lawsuits against restaurants across New York state has landed on Staten Island invoking the Americans with Disabilities Act (ADA).
As part of a civil court battle, Namel Norris is seeking $1,000, plus punitive damages, for “violation of the New York City Human Rights Law and the New York State Human Rights Law” from the Rosebank Tavern for alleged violations of the ADA, according to court papers.
Gene Lynch of Rosebank Tavern said he was served papers this spring from a wheelchair user whom he has never seen. He said he is being sued for violating the ADA for physical barriers to the business -- the step in front of the entrance and a bathroom that is not wheelchair-accessible.
Lynch’s attorney, Allyn Crawford, would not discuss the pending litigation, although the restaurateur estimated that when the legal process is complete, his attorney fees will be at least $20,000.
And the Rosebank Tavern is not the only Staten Island food establishment being sued by Norris.
He is battling Domino’s Pizza at 25 Victory Blvd., Tompkinsville. That case, filed on March 6, 2019, has been adjourned until Aug. 2, according to Albany-based Lawsuit Reform Alliance of New York.
Attempts to reach Domino’s local and corporate offices were unsuccessful. The Tompkinsville restaurant has no seating and is takeout or delivery only.
In 1990, President George H.W. Bush put the ADA into motion.
The law mandates very specific accommodations -- such as seating requirements and amenities -- to afford wheelchair- and handicapped-mobility in public spaces via an “accessible route.”
Some things a restaurant must do in the spirit of the law include:
Self-serve items must be within reach to guests of short stature or those in wheelchairs at no higher than 36 inches from the floor.
Parts of the dining room and a bathroom must afford space for movement of a wheelchair or scooter.
Bathrooms must have grab bars close to the toilet and, among other specifications, the designated, accessible stall must be 60 inches deep and 36 inches wide.
Norris has sued more than two dozen restaurants between 2010 and 2017, according to the Lawsuit Reform Alliance of New York, from tapas bars to the Tompkinsville pizzeria.
The Lawsuit Reform Alliance has noted: “The ADA has created costly challenges for New York State and elsewhere in the U.S. There are a number of ‘frequent-flyer’ serial litigants and law firms that specialize in filing these ‘drive-by’ lawsuits."
Ben-Zion Bradley Weitz, Norris’ attorney, did not acknowledge an email seeking comment for this story.
Lynch said he is perplexed by the claims against him, explaining that he keeps a portable ramp in the restaurant for those guests who use a wheelchair, something that has come in handy, particularly for two of his regulars.
He added he’s served patrons with disabilities over the years and has never heard complaints about the facilities.
“As a wheelchair-user, inaccessible restaurants are annoying, but a lawsuit shouldn’t be the first move,” said Carolyn Clark of Randall Manor, who uses a motorized wheelchair and acknowledged that if an establishment doesn’t have a ramp or an elevator in place, she can’t get inside.
Lynch said that despite the costs, he refuses to settle the lawsuit, explaining that he’s doing the best he can to run an honest business, wondering aloud, “Where does it end?”
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