Lopez v. The City of New York
- Laura Swain
- 1:25-cv-03441
- U.S. District Court · Southern District of New York
- 4
In Lopez v. The City of New York, Chief Judge Swain denied without prejudice Lopez’s request for emergency relief requiring disability accommodations.
Mariah Lopez’s request for emergency accommodations involving New York City’s shelter system was denied without prejudice; the order did not decide her underlying Americans with Disabilities Act claims.
What happened
In Lopez v. The City of New York, Mariah Lopez, who is representing herself, asked the court for an emergency order under the Americans with Disabilities Act. She sought accommodations involving shelter intake, a private room, and bringing her service and emotional-support dogs into a shelter.
The court said Lopez’s submissions did not provide enough facts to evaluate whether she was likely to succeed on her disability claim or whether the legal issues were serious enough to justify emergency relief. The order addressed only her request for a preliminary injunction or temporary restraining order, not the entire case.
Chief Judge Laura Taylor Swain denied the request without prejudice. The court also denied fee-waiver status for any appeal, finding that an appeal would not be taken in good faith.
The detailed version
- Lopez v. The City of New York · No. 1:25-cv-03441
- Laura Swain
- Apr. 30, 2025
Background
Mariah Lopez sued the City of New York, the Department of Homeless Services, the Human Resources Administration, and the Department of Social Services, asserting claims under the Americans with Disabilities Act. She is representing herself and was granted permission to proceed without paying filing fees. The opinion states that she currently resides in Schenectady, New York.
Lopez asked for a preliminary injunction or temporary restraining order—an emergency court order requiring action before the case is fully resolved. She requested accommodations related to entering New York City’s shelter system, including remote intake, a private room, and permission for both her service dog and emotional-support dog to accompany her. She also sought an order requiring an accommodation connected to a scheduled physical site visit at a shelter.
Lopez described disabilities and other circumstances but, according to the court, did not provide facts explaining the nature of her disabilities or how they affect her. She also described a related case pending in New York State Supreme Court and asked for relief connected to that proceeding.
Court’s analysis
For a preliminary injunction or temporary restraining order, the court required Lopez to show that she was likely to suffer irreparable harm and either was likely to succeed on the merits or raised serious legal questions supported by a decisive balance of hardships in her favor. The court characterized this type of relief as extraordinary and requiring a clear showing.
The court concluded that Lopez’s submissions did not contain enough facts for it to assess the merits of her Americans with Disabilities Act claim or her requests for intervention concerning the pending state-court matter. The court therefore found that she had not shown either a likelihood of success on the merits or sufficiently serious questions and a favorable balance of hardships.
Ruling
Judge Laura Taylor Swain denied Lopez’s request for a preliminary injunction or temporary restraining order without prejudice. The order addressed only the request for emergency injunctive relief. The court also certified that an appeal would not be taken in good faith and denied permission to proceed without paying fees for purposes of an appeal.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.