DOPICO v. GOLDSCHMIDT

Nos. 80 Civ. 4562, 80 Civ. 4862.

518 F.Supp. 1161 (1981)

Rhea DOPICO, David Dopico, Muriel Zgardowsky and Vincent Zgardowsky, individually and on behalf of all others similarly situated, Plaintiffs, v. Neil E. GOLDSCHMIDT, individually and in his capacity as Secretary of the United States Department of Transportation; Theodore C. Lutz, individually and in his capacity as Administrator of the United States Urban Mass Transportation Administration; Hiram J. Walker, individually and in his official capacity as Regional Director of the Urban Mass Transportation Administration, Region II; Tri-State Regional Planning Commission; Metropolitan Transportation Authority; New York City Transit Authority; Manhattan and Bronx Surface Transit Operating Authority; Staten Island Rapid Transit Operating Authority; Richard Ravitch, individually and in his capacity as Chairman of the Board of the Metropolitan Transportation Authority; Lawrence R. Bailey, Carol Bellamy, Stephen Berger, David W. Brown, Jane K. Butcher, Herbert J. Libert, John F. McAlevey, Ronay Menschel, Daniel T. Scannell, William J. Sheridan, Constantine Sidamon-Eristoff, Robert F. Wagner, Jr., and Robert T. Waldbauer, as Members of the Board of the Metropolitan Transportation Authority, New York City Transit Authority, and Manhattan and Bronx Surface Transit Operating Authority; John D. Simpson, individually and in his capacity as Executive Director of the Metropolitan Transportation Authority; Edward I. Koch, individually and in his capacity as Mayor of the City of New York; New York City Department of Transportation; and Anthony Ameruso, individually and in his capacity as Commissioner of the New York City Department of Transportation, Defendants. DISABLED IN ACTION OF METROPOLITAN NEW YORK, Joseph Deriso, Vincent Venditti, Sally Wetzler, and Bernadino Delacruz, individually and on behalf of all others similarly situated, Plaintiffs, v. Neil E. GOLDSCHMIDT, individually and in his capacity as Secretary of the United States Department of Transportation; Theodore C. Lutz, individually and in his capacity as Administrator of the United States Urban Mass Transportation Administration; Hiram J. Walker, individually and in his capacity as Regional Director of the Urban Mass Transportation Administration, Region II; Metropolitan Transportation Authority; New York City Transit Authority; Manhattan and Bronx Surface Transit Operating Authority; Richard Ravitch, individually and in his capacity as Chairman of the Metropolitan Transportation Authority; Lawrence R. Bailey, Carol Bellamy, Stephen Berger, David W. Brown, Jane K. Butcher, Herbert J. Libert, John F. McAlevey, Ronay Menschel, Daniel T. Scannell, William J. Sheridan, Constantine Sidamon-Eristoff, Robert F. Wagner, Jr., and Robert T. Waldbauer, as Members of the Board of the Metropolitan Transportation Authority, New York City Transit Authority, and Manhattan and Bronx Surface Transit Operating Authority; John D. Simpson, individually and in his capacity as Executive Director of the Metropolitan Transportation Authority; Edward I. Koch, individually and in his capacity as Mayor of the City of New York; New York City Department of Transportation; and Anthony Ameruso, individually and in his capacity as Commissioner of the New York City Department of Transportation, Defendants.

United States District Court, S. D. New York.

July 24, 1981.


Attorney(s) appearing for the Case

Brooklyn Legal Services Corporation B, Brooklyn, N. Y., Community Action for Legal Services, Inc., Handicapped Persons Legal Support Unit, Winthrop, Stimson, Putnam & Roberts, New York City, for plaintiffs; John C. Gray, Jr., George W. Sampson, Jane Greengold Stevens, Brooklyn, N. Y., Susan Sugar Nathan, Howard G. Lane, Norman Spiegel, Sutton Keany, New York City, of counsel.

John S. Martin, Jr., U. S. Atty., S.D.N.Y., New York City, for defendants Goldschmidt, Lutz and Walker; Jane E. Bloom, Asst. U. S. Atty., New York City, of counsel.

Cahill Gordon & Reindel, New York City, for defendants MTA, NYCTA, MABSTOA, SIRTOA, Ravitch, Bailey, Bellamy, Berger, Brown, Butcher, Libert, McAlevey, Menschel, Scannell, Sheridan, Sidamon-Eristoff, Wagner, Waldbauer and Simpson; Floyd Abrams, Dean Ringel, Thomas R. Jones, Susan Buckley, Devereux Chatillon, New York City, of counsel.

Allen G. Schwartz, Corp. Counsel, City of New York, New York City, for defendants Koch, NYCDOT and Ameruso; David Drueding, Asst. Corp. Counsel, New York City, of counsel.


OPINION

EDWARD WEINFELD, District Judge.

These are consolidated class actions in which plaintiffs, individually and representing all wheelchair-bound handicapped individuals, seek declaratory and injunctive relief to compel the defendants to comply with various statutes and regulations enacted by the Congress to implement the policy that the handicapped have the same right as other persons to use mass transportation facilities and services.

The defendants...

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