Your rights: Accessing public places with a mobility impairment

The law protects your right to use public places and government services if you have trouble walking or moving around. Here's what you need to know:

How does the law protect you?

The law protects you against two types of unfair treatment:

1. Public places cannot turn you away because of your mobility impairment
2. Public places must make reasonable changes to their buildings or rules so you can use their services

Who is protected by these laws?

You are protected if:

• You have trouble walking
• You cannot walk
• You use a wheelchair
• You have a condition that makes it hard to move around (like multiple sclerosis, cerebral palsy, or a spinal cord injury)
• You had mobility problems in the past
• Someone thinks you have mobility problems, even if you don't

What places must follow these laws?

Government services:

• City offices
• State offices
• Federal offices

Public places (places open to everyone):

• Stores
• Restaurants
• Hotels
• Movie theaters
• Most businesses in New York City

Note: Some private clubs and religious places might not have to follow these laws.

What changes must places make for you?

1. Remove physical barriers

Places must remove things that make it hard for you to get in or move around, if:

• The changes are easy to make
• The changes don't cost too much
• The changes won't make the building unsafe
• The building is newer (built after January 26, 1992)

2. Find other ways to help

If a place can't remove barriers, they must find another way to serve you. For example:

• A store must help you get items from high shelves
• The post office must pick up packages from your home

Remember:

• Places can't use stereotypes to deny you service
• Most businesses must follow these laws

 

How to take action if your rights are violated

What can you do if you face discrimination?

1. First, try talking to the business or government office about the problem
2. If that doesn't work, you can make a formal complaint in two ways:
   • File an administrative complaint (usually faster)
   • File a lawsuit in court

Important: The law protects you from retaliation. This means a person or business cannot "get back at you" for making a complaint.

Where to file an administrative complaint

1. New York City Commission on Human Rights (NYCCHR) or NY State Division of Human Rights (NYSDHR)

• Time limit: You have 1 year to file after the discrimination happens
• What they can do:
  • Make the place stop discriminating
  • Order them to remove barriers
  • Help you get money if you were harmed

2. Office of Civil Rights (OCR) for federal agencies

• Time limit: Usually 180 days after the discrimination
• Each agency handles different types of complaints
• They will investigate and try to solve the problem

3. United States Department of Justice (DOJ)

• Time limit:
  • Complaints about the government: 180 days
  • Complaints about a private business: No time limit
• They focus on patterns of discrimination or important public issues

Remember: You usually cannot file complaints about the same problem with multiple agencies.

 

Taking your case to court

Instead of filing a complaint at a government agency, you can file a lawsuit in state or federal court against:

• A government office
• A private business

Time limit: You have 3 years after the discrimination happens to file your lawsuit.

The court can:

• Order the place to remove barriers
• Order them to provide other reasonable solutions
• Allow you to get money for emotional harm under New York City and State laws (Federal laws do not provide money for emotional harm)

Important: Lawsuits can be complicated and take a long time. Talk to a lawyer to understand:

• If a lawsuit is your best option
• Which court to file in
• What evidence you need
• What your case might cost

You can get free legal advice from New York Lawyers for the Public Interest at (212) 244-4664 or at their website.