ADA Title III Lawsuit Alleges Performing Arts Center Demanded Developmentally Disabled Minor to Back of Theatre or Leave

Scales of Justice

A White Plains Performing Arts Center is being accused in a newly filed lawsuit of discriminating against a developmentally disabled minor who was attending the matinee musical, "The Prom" with his mother, sister and her friend. The lawsuit filed by Bashian & Papantoniou, P.C. and Levine & Blit, PLLC, alleges that the theatre did not appreciate the happy cheering sounds that the young boy was making and rather than have a policy and procedure in place to accommodate his disability, the theatre made a financial decision to ignore the legal requirements for ensuring that their place of public accommodation was accessible to all individuals with disabilities, including the young patron.

The lawsuit further alleges that the theatre made an informed decision that the young man should either leave the theatre or move to the back of it so that would not have to return monies to other patrons who they asserted were not satisfied with the manner in which the boy was cheering and enjoying the show.

The lawsuit alleges that despite this discrimination, the young man and his family intend to revisit the theatre upon its full compliance under the ADA, including the implementation of employee training, policies and procedures that are not discriminatory or designed to harass and humiliate the disabled.

The suit (Civil Case No. 7:22-cv-08964) was filed on October 20, 2022 in the United States District Court, Southern District of New York, on behalf of Brandon Blit, an infant by his Parent and Natural Guardian Erica Blit, and all others similarly situated. The suit names the White Plains Performing Arts Center, Inc., as defendant.

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