Civic Association of the Deaf of New York City, Inc. v. Rudolph Giuliani, et al. Historic Case
Date Filed:
October 25, 1995
Current Status
The Center for Constitutional Rights, the law firm of Broach & Stulberg and the Syracuse Law School Disabilities Law Clinic congratulate the Civic Association of the Deaf Class on the August 15, 2011 ruling. The court's opinion is available
here.
Co-Counsel
Broach & Stulberg, LLP
The Disability Rights Clinic at the Syracuse University College of Law
Client(s)
The Civic Association of the Deaf
Case Description
Civic Association of the Deaf of New York City, Inc. v. Rudolph Giuliani, et al. is a federal class action lawsuit originally filed in 1995 by an organization of deaf and hard of hearing New Yorkers. The Americans with Disabilities Act case asked the court to block a plan by the City of New York to remove fire alarm boxes from city streets which deaf and hard of hearing people can use to call for emergency assistance from the street. The city’s proposed alternative of pay telephones is inaccessible to the deaf and hard of hearing. In February 1996 the court ruled in favor of the Civic Association plaintiffs, and certified the case as a class action. In July 1997 the court issued a ruling that the city restore structural alterations made to boxes which violated the 1996 injunction, and in January 2000 issued a final Judgment.
In 2010 the City filed a motion asking Judge Sweet to end the injunction and permit the City to remove the accessible street alarm box system. The City claimed that Deaf and hard of hearing persons can use public pay telephones to report an emergency from the street, using a tapping code first developed in the 1970s for street fire alarm boxes. The City also asserted that street alarm boxes are costly and result in many false alarms. The Civic Association of the Deaf Class argued that the City’s plan to remove the alarm boxes and require Deaf and hard of hearing people to use public pay phones to report emergencies from the street still violates the ADA. The motion was argued in Judge Sweet’s courtroom at the Federal Courthouse in Manhattan on Friday, June 3, 2011. On August 15, 2011, the court ruled in favor of the Civic Association of the Deaf.
The case, in which a certified class of Deaf and hard of hearing people were represented by the Center for Constitutional Rights and the law firm of Broach & Stulberg, LLP, established the important principle under Title II of the ADA (which regulates services to the public by state and local governments) that, when government changes an existing public service, the changes must not discriminate against people with disabilities. The 1996 and 1997 rulings resulted in Judge Sweet’s permanent federal court injunction issued in January 2000, prohibiting removal of the alarm box system.
The court ruled in favor of the Civic Association of the Deaf.
August 15, 2011
The court ruled in favor of the Civic Association of the Deaf.
The court heard arguments on the City of New York's motion to end the injunction.
June 3, 2011
The court heard arguments on the City of New York's motion to end the injunction.
Discovery and further briefing prior to argument on the City’s motion to vacate or modify the injunction.
Fall 2010 - Spring 2011
Discovery and further briefing prior to argument on the City’s motion to vacate or modify the injunction.
Related Files
- Civic Assn of Deaf Class' May, 2011 Opposition Papers to City's Motion to Vacate Injunction~Memorandum of Law opposing vacating injunction
- Civic Assn of Deaf Class' May, 2011 Opposition Papers to City's Motion to Vacate Injunction~Declaration of Huberta Schroedel
- Civic Assn of Deaf Class' May, 2011 Opposition Papers to City's Motion to Vacate Injunction~Corrected Declaration of Robert B. Stulberg
- Civic Assn of Deaf Class' May, 2011 Opposition Papers to City's Motion to Vacate Injunction~Exhibits file # 1 (Exs 1-2)
- Civic Assn of Deaf Class' May, 2011 Opposition Papers to City's Motion to Vacate Injunction~Exhibits file # 2 (Ex 3)
- Civic Assn of Deaf Class' May, 2011 Opposition Papers to City's Motion to Vacate Injunction~Exhibits file # 3 (Ex 4)
- Civic Assn of Deaf Class' May, 2011 Opposition Papers to City's Motion to Vacate Injunction~Exhibits file # 4 (Ex 5)
- Civic Assn of Deaf Class' May, 2011 Opposition Papers to City's Motion to Vacate Injunction~Exhibits file # 5 (Ex 6)
- Civic Assn of Deaf Class' May, 2011 Opposition Papers to City's Motion to Vacate Injunction~Exhibits file # 6 (Exs 7-10)
- Civic Assn of Deaf Class' May, 2011 Opposition Papers to City's Motion to Vacate Injunction~Exhibits file # 7 (Exs 12-13)
- Civic Assn of Deaf Class' May, 2011 Opposition Papers to City's Motion to Vacate Injunction~Exhibits file # 8 (Exs 14-19)
- Civic Assn of Deaf Class' May, 2011 Opposition Papers to City's Motion to Vacate Injunction~Exhibits file # 9 (Ex 20)
- Civic Assn of Deaf Class' May, 2011 Opposition Papers to City's Motion to Vacate Injunction~Exhibits file # 10 (Ex 21, pt. 1)
- Civic Assn of Deaf Class' May, 2011 Opposition Papers to City's Motion to Vacate Injunction~Exhibits file # 11 (Ex 21, pt. 2)
- Civic Assn of Deaf Class' May, 2011 Opposition Papers to City's Motion to Vacate Injunction~Exhibits file # 12 (Exs 21A-25)
- Civic Assn of Deaf Class' May, 2011 Opposition Papers to City's Motion to Vacate Injunction~Exhibits file # 13 (Exs 27-30)
The City of New York and the New York City Fire Department filed motion to vacate or modify the Final Judgment and Permanent Injunction issued in 2000.
June 23, 2010
The City of New York and the New York City Fire Department filed motion to vacate or modify the Final Judgment and Permanent Injunction issued in 2000.
Court issued a Final Declaratory Judgment and Permanent Injunction.
January 19, 2000
Court issued a Final Declaratory Judgment and Permanent Injunction.
Court issued ruling requiring restoration of two-button boxes because change was an “alteration” of public facilities for reporting emergencies from the streets within the meaning of the ADA, but denied request to restore deactivated boxes in pilot areas.
July 28, 1997
Court issued ruling requiring restoration of two-button boxes because change was an “alteration” of public facilities for reporting emergencies from the streets within the meaning of the ADA, but denied request to restore deactivated boxes in pilot areas.
Hearing on Plaintiff-Class’ request to restore two-button boxes and all deactivated boxes in the pilot areas of New York.
May 21, 1997
Hearing on Plaintiff-Class’ request to restore two-button boxes and all deactivated boxes in the pilot areas of New York.
Court granted City’s request to withdraw its June 1996 motion.
April 1, 1997
Court granted City’s request to withdraw its June 1996 motion.
Plaintiff-Class requested that City be ordered to restore two-button alarm boxes altered by City in violation of the Court’s February 2006 injunction.
February 24, 1997
Plaintiff-Class requested that City be ordered to restore two-button alarm boxes altered by City in violation of the Court’s February 2006 injunction.
City requested permission to withdraw the motion.
February 21, 1997
City requested permission to withdraw the motion.
City of New York and New York City Fire Department moved to vacate the injunction and dismiss the complaint.
June 11, 1996
City of New York and New York City Fire Department moved to vacate the injunction and dismiss the complaint.
Court issued ruling in favor of plaintiffs finding that class certification was warranted
February 9, 1996
Court issued ruling in favor of plaintiffs finding that class certification was warranted
The Court issued a declaratory judgment that removal or deactivation of the emergency street alarm boxes and their replacement with notification alternatives inaccessible to the deaf would violate Title II of the Americans with Disabilities Act and the Rehabilitation Act; issued a second declaratory judgment that the city’s proposed notification alternative to the existing street alarm box system, public telephones, violated the ADA because public telephones do not enable the deaf and hearing-impaired to request assistance directly from the street.
Hearing on the merits heard by the Hon. Robert W. Sweet.
November 22, 1995
Hearing on the merits heard by the Hon. Robert W. Sweet.
Defendants City of New York and various agency officials filed an Answer.
November 17, 1995
Defendants City of New York and various agency officials filed an Answer.
Original Complaint filed in the United States District Court for the Southern District of New York by the Civic Association of the Deaf.
October 25, 1995
Original Complaint filed in the United States District Court for the Southern District of New York by the Civic Association of the Deaf.
Last modified: August 15, 2011