Norris v. RPC Restaurant Corp.

Background

Namel Norris sued RPC Restaurant Corp. and M&E Christopher LLC under Title III of the Americans with Disabilities Act (ADA), the New York State Human Rights Law, and the New York City Human Rights Law. Norris alleged that he is paraplegic, uses a wheelchair, and could not enter or use the Red Paper Clip restaurant because of barriers at the entrance and inside the facility. He sought an injunction requiring accessibility changes, $1,000 in compensatory damages, and attorney’s fees and costs.

RPC did not respond to the complaint. M&E initially answered but later withdrew from the case and did not participate further. The Clerk entered a certificate of default against RPC and a separate certificate of default against M&E. Neither defendant responded to Norris’s motions for default judgment.

Default and liability

A default admits well-pleaded factual allegations, but it does not automatically establish legal liability. The court therefore considered whether Norris’s allegations stated valid claims and whether he had standing to seek an injunction.

The court found that Norris adequately alleged standing because he said he had visited the facility, encountered access barriers, intended to return, and would do so if the barriers were removed. The court also found that he adequately pleaded the elements of an ADA claim: he alleged that he has a disability, that RPC and M&E own, lease, operate, or control the relevant property or facility, and that the defendants denied him a full and equal opportunity to use the facility.

The court found sufficient allegations concerning the facility’s inaccessible entrance and lack of a safe and accessible exit. It found the allegations about four other alleged barriers—the bar counter, floor mat, directional and informational signage, and disability-access signage—too conclusory to establish liability or support injunctive relief in a default judgment. The court also concluded that the properly pleaded allegations sufficient under the ADA were sufficient for the related New York State and New York City claims.

Recommended relief

The Report and Recommendation states that Norris’s motion for default judgment should be GRANTED IN PART and DENIED IN PART. It recommends default judgment against both defendants in the amount of $1,000.00, with the defendants jointly and severally liable. It recommends an injunction requiring the entrance and exit to be made readily accessible and usable by people with disabilities to the extent required by the ADA and its accessibility standards. The recommendation gives a ramp with handrails on both sides or a wheelchair lift as examples of a possible modification and recommends allowing RPC to continue operating while the modifications are completed.

The recommendation would deny injunctive relief concerning the other alleged barriers. It also recommends that the court retain jurisdiction over a later request for attorney’s fees and costs under the ADA and New York City Human Rights Law, to be filed no later than 60 days after entry of final judgment. The opinion is a magistrate judge’s Report and Recommendation, not a statement that the district judge had already entered final judgment. Parties were given 14 days after service to object, and the recommendation states that failing to object would waive objections and prevent appellate review.