Here, the external closed captioning device offered by Defendant is a form of accommodation that "specifically address[es] the limitation at issue" (NYC Commission of Human Rights Legal Enforcement Guidance on Discrimination on the Basis of Disability, at 104 ["reasonable accommodations for people with disabilities can include . The instant motion ensued. Again people on either side were served and received refills. The theater wasn't crowded, probably 1/8th full, yet after our server introduced himself he never came around again. This was our 1st visit to an Alamo Drafthouse. According to the Complaint, Plaintiff believed that Defendant offered movies with open captions based on what she read on its website [FN2] This constitutes the Decision and Order of the court. That is something you can only find at Alamo, as movie theaters go. Decided on January 13, 2020 To assert a disparate treatment claim based on a disability under NYCHRL section 8-107(4), Plaintiff must show that: "(1) [she] is a member of a protected class as defined by the NYCHRL; (2) [Defendant] directly or indirectly refused, withheld from, or denied an accommodation, advantage, facility, or privilege thereof based, in whole or in part, on [Plaintiff's] membership in a protected group; and (3) [Defendant] acted in such a manner and circumstances as to give rise to the inference that its actions constituted discrimination in violation of Section 8-107(4)" (Matter of Commission on Human Rights ex rel. Service is quick and efficient. I literally drive passed three movie theaters just so that I can go to this one instead. I will undoubtedly be here over and over again, and I can't wait." Now I had 2 shakes to drink, My wife and I got to the movies all the time. Yet it never showed up, not even the waters. CLOSED "AWESOME!!!! This review is the subjective opinion of a TripAdvisor member and not of TripAdvisor LLC, Top Selling Tours & Activities in and around Yonkers. Continue your visit to www.tripadvisor.com, Things to do near Alamo Drafthouse Cinema. results in a disparate impact to the detriment of any group protected by the provisions of this chapter; and (2) the covered entity fails to plead and prove as an affirmative defense that . The milkshakes are excellent. Plenty of free parking. We’ve been to almost every theater in the entire NY state. Also draft house is probably on of our top three theaters to go to. Bus. Westchester Indoor Skydiving Admission with 2... New York Airport Luxury Transfer : Newark... SeaQuest Woodbridge-Single Day Passport Ticket. . . Also the assigned seats are such a time saver when buying tickets in advanced. . 686 reviews of Alamo Drafthouse Cinema Downtown Brooklyn - Temp. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. Simply ask the box office when you arrive and they'll provide you with the technology.". Alamo Drafthouse Downtown Brooklyn Add to my favorite theaters list 445 Albee Square West Brooklyn, NY 11201. My husband and I went again tonight. Accordingly, based on the above, defendant ALAMO DRAFTHOUSE CINEMAS HOLDINGS, LLC's motion is GRANTED TO THE EXTENT that plaintiff's complaint is dismissed. Inc., 688 F3d 89, 97 [2d Cir 2012]), claims for disability discrimination arising under the NYCHRL are governed by the same legal standards as federal ADA claims (Sullivan v Study.com LLC, 18-CV-1939 (JPO), 2019 WL 1299966, at *6 [SDNY Mar. We’ve been coming here for years and they’ve only gotten better overtime. But in a case [ . Disappointed and hungry yet again. Recitation, as required by CPLR §2219 (a), of the papers considered in the review of defendant ALAMO DRAFTHOUSE CINEMAS HOLDINGS, LLC's motion: Upon the foregoing cited papers and after oral argument, defendant ALAMO DRAFTHOUSE CINEMAS HOLDINGS, LLC moves, pursuant to CPLR 3211 (a) (7), for an Order dismissing the Complaint and granting attorneys' fees and expenses. 684 reviews of Alamo Drafthouse Cinema Yonkers - Temp. Instead, Plaintiff suggests that open captioning is the "only accommodation" to address her disability (Plaintiff's memo of law, at 8), that she requires an accommodation in the form of open captioning in order to fully and equally enjoy the movies (id., at 14), and that refusing to make available movie screenings with open captions constitutes violations of the NYCHRL (Complaint § 20). more. Estelle Stamm, Petitioner, v E & E Bagels, Inc., Respondent., OATH Index No. The place is clean and definitely quite while watching the movie. Great location. read more, This is in response to the person whose review says it does not say anywhere to not arrive late. Food is OK, although at times there is a shortage of particular items which to me was mind-boggling. The branch of defendant's motion for attorneys' fees is DENIED as it failed to explain why such relief should be granted. They never offered change from the cash I left for my bill.. Bills are paid ~ 35-40 minutes before the end of the movie, which is distracting, in my opinion. . I didn’t want to be fumbling for my wallet & money in the dark, I wanted to watch the movie. In Austin, where Alamo originated, they come over and pick up the paper and walk away - unless they have a question, such as you forgot to include what type of cookie you want. It's beautiful while it lasts. However, all Alamo locations are equipped with Closed Captioning devices and headsets for amplification and descriptive audio. Based on the above, this Court finds that Plaintiff failed to state a viable NYCHRL § 8-107(15)(a) claim under the theory that Defendant did not reasonably provide her with an accommodation. Learn More Defendant further claims that open captioning is merely a preferred alternative to external closed captioning devices, and that the NYC Commission on Human Rights deems external closed captioning technology a suitable accommodation for a theater to offer an individual with a hearing impairment. . in which [a covered entity] has already taken (or offered) measures to accommodate the disability, [the covered entity] is entitled to summary judgment if, on the undisputed record, the existing accommodation is 'plainly reasonable' " (Noll v Intl. You even get free movie tickets on your birthday, free popcorn and soda and access to special private screening events. This site uses cookies to improve your experience, to enhance site security and to show you personalised advertising. Plaintiff, who was diagnosed with a hearing impairment, visited Defendant's theater on April 7, 2019 in downtown Brooklyn to watch a movie. Alamo Drafthouse Cinema: Interesting place, not sure we’ll go back... - See 146 traveler reviews, 16 candid photos, and great deals for Yonkers, NY, at Tripadvisor. Serving New York City the best film, food, and drink since 2016. . Review tags are currently only available for English language reviews. The place is clean and definitely quite while watching the movie. I never once had that happen in Austin. cannot prevail based on conclusory allegations"]). 666 Third Avenue New York, NY 10017 Carolyn E. Wade, J. This time we got the server to take our order (after he walked by twice and we finally had to wave him down). . Examples . . Servers walked past us numerous times but no one picked up our order slip (yes it was in the slot just as instructed). Okay, so my husband and I visited in the Fall. Carlos Rodriguez v A Plus Worldwide Limo, Inc., et al, OATH Index No. However, upon arriving at the theater, Plaintiff was only offered an external closed captioning device, which she used to view the movie. . Open Caption Screenings. Wade, J. The place is clean and definitely quite while watching the movie. 905/15, 2019 WL 3225764, at *5). Therefore, Defendant satisfied its obligation to provide reasonable accommodation in the form of assistive technology. . ] "On a motion to dismiss for failure to state a cause of action pursuant to CPLR 3211(a)(7), the complaint must be construed liberally, the factual allegations deemed to be true, and the nonmoving party granted the benefit of every possible favorable inference" (see Leon v Martinez, 84 NY2d 83, 87 [1994]; Nestor v Putney Twombly Hall & Hirson, LLP, 153 AD3d 840, 841 [2d Dept 2017]). This opinion is uncorrected and subject to revision before publication in the printed Official Reports. The Complaint, however, references Defendant's website, which states that "Screenings and Assistive Technology for our deaf and hard of hearing guests. - See 146 traveler reviews, 16 candid photos, and great deals for Yonkers, NY, at Tripadvisor. read more. Tickets will go on sale by Tuesday for the upcoming weekend if there are films scheduled. "While the central question in a disparate treatment case is whether the protected trait, at least in part, motivated the covered entity's decision or actions, disparate impact claims involve policies or practices that are facially neutral, but disproportionately or more harshly impact one group" (NYC Commission of Human Rights Legal Enforcement Guidance on Discrimination on the Basis of Disability, at 25). Their Chocolate peanut shake is fabulous, though! In light of the Court's finding that Plaintiff failed to establish that Defendant did not reasonably provide her with an accommodation, her NYCHRL claim under the disparate treatment theory fails. I found the special projection of The French Connection with an explanation of the various sequences by actors/real cops from that story fantastic and thrilling.