Second Circuit – Americans with Disabilities Act: Woods v. Centro of Oneida Inc.

United States Court of Appeals for the Second Circuit

Americans with Disabilities Act

Alteration and program access – Summary judgment

Woods v. Centro of Oneida Inc.

22-2629

Judges Calabresi, Sullivan, and Perez

Background: The plaintiff appealed from the dismissal of his claims for damages and injunctive relief under the Americans with Disabilities Act and the Rehabilitation Act against the defendant, which run the public bus service in Oneida County. He is paralyzed from the waist down and argued that the defendant discriminated against him by failing to provide wheelchair-accessible bus stops.

Ruling: The Second Circuit affirmed. The court held that the plaintiff’s alteration claim failed as a matter of law because he has not alleged that the altered portions of the bus stops were inaccessible. Further no reasonable factfinder could conclude that the defendant’s bus service was not readily accessible to individuals with disabilities. Finally, the plaintiff failed to establish that any modifications to the defendant’s policies, practices, or procedures were necessary to avoid discrimination or to provide program access.

Andrew D. Bizer, of Bizer & DeReus, for the plaintiff-appellant; W. Bradley Hunt, of Mackenzie Hughes, for the defendants-appellees.

Oral argument audio