ADA Class Action Filed Against Operators of NYC’s ‘Wild’

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A proposed class action alleging Americans with Disabilities Act (ADA) violations has been filed against a John Doe defendant who operates a place of public accommodation in New York City under the name “Wild.” The lawsuit claims the John Doe defendant and co-defendant 535 Hudson Realty LLC have denied disabled individuals equal access to their Hudson St. restaurant. The potential ADA infractions cited in the complaint include:

• an inaccessible route from public streets and sidewalks to the property’s entrance;
• an entrance walkway that features an unlawful change of level;
• an area in front of the entrance that has “insufficient maneuvering clearance”;
• inaccessible bathrooms;
• a difficult-to-operate bathroom door that “requires tight grasping, pinching, and twisting of the wrist” with both hands;
• a toilet that is not an acceptable height or in an accessible location;
• a bathroom that does not have sufficient floor space;
• a bathroom with no rear wall grab bar;
• a bathroom sink with no knee clearance;
• dining surfaces that don’t allow room for a wheelchair; and
• dining tables that have insufficient “knee clearance.”

According to the lawsuit, the defendants’ compliance with the ADA’s requirements is “readily achievable” and should have been accomplished by January 26, 1992. The plaintiff insists that once the supposed access barriers are removed, he intends to visit the property.