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KENNEDY v. FITZGERALD

No. 00-CV-0132.

102 F.Supp.2d 100 (2000)

Michael KENNEDY, Plaintiff, v. Vincent FITZGERALD; Guy and Nancy Easter; Baskin-Robins U.S.A., Co. and the City of Syracuse, New York, Defendants, United States of America, Intervenor.

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

June 23, 2000.

Attorney(s) appearing for the Case

Public Interest Law Firm I, Syracuse University College of Law, Office of Clinical Programs, Syracuse, NY (Sarah Betsy Fuller, Cyrus Rilee, Jamal Johnson, of counsel), for Plaintiff.

Vincent Fitzgerald, Syracuse, NY, pro se.

Guy and Nancy Easter, Skaneateles, NY, pro se.

Schmeltzer, Aptaker & Shepard, P.C., Washington, DC (Robert Lewis Duston, of counsel), for Defendant Baskins & Robins U.S.A., Co.

Office of Corp. Counsel, City of Syracuse, NY (Karen M. Richards, Asst. Corp. Counsel, of counsel), for Defendant City of Syracuse, NY.

U.S. of America, Dept. of Justice, Civil Rights Division-Disability Rights, Washington, DC, (M. Christine Fotopulos, of counsel), Amicus Curiae.

MEMORANDUM DECISION AND ORDER

MUNSON, Senior District Judge.

Plaintiff Michael Kennedy, whose cerebral palsy condition necessitates the use of a wheelchair for travel, has been unable to access the Baskins-Robin store at 737 Crouse Avenue, Syracuse, NY, because the site has no wheelchair ramp. He maintains that the owners of the property have agreed to build a ramp, but the defendant City of Syracuse ("City") has denied them a building permit pursuant to...

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