NYC discriminated against disabled during Sandy: judge

Joel Cairo/for New York Daily News

Tania Morales, of Brooklyn, was the main plaintiff in the lawsuit accusing the city of discrimination against people with disabilities during storm preparations.

The city has discriminated against people with disabilities through its failure to plan for their needs during recent natural disasters such as Hurricane Irene and epic Hurricane Sandy, a judge ruled Thursday.

Evidence at trial showed the city had not created a system to evacuate large numbers of people with disabilities who would be trapped in high-rise buildings in the event of a major storm, Federal Judge Jesse Furman found.

Plaintiffs in the class-action suit also proved the city relied on public transportation for evacuations of disabled persons, even though storms could and did render parts of the system inoperable, the judge noted.

“I feel very happy the judge saw our side,” said plaintiff Melba Torres, who has cerebral palsy. The Lower East Side resident said she went to a shelter during Irene but had to sleep in her motorized wheelchair because there were no appropriate beds. When Sandy came, by the time authorities told her to evacuate, it was too late for her to arrange for accessible transportation, she told the Daily News.

Brooklyn resident Tania Morales, who uses a wheelchair, filed the suit in 2011, after Hurricane Irene. “During Hurricane Irene, I managed to get to a shelter but there was a locked gate surrounding the wheelchair entrance,” the 26-year-old said. “I couldn’t get inside.”

The case went to trial in March, months after Sandy swamped the city, and several plaintiffs testified about problems they endured during both hurricanes. The plaintiffs sought a court order requiring the city to make changes. The judge told the two sides Thursday to hammer out reforms.

The Bloomberg administration said it was reviewing the ruling. “Planning for the needs of people with disabilities has always been and remains a priority,” city lawyer Michael Cardozo said.

dbeekman@nydailynews.com

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