Understanding Your Rights
What you need to know.
A store, restaurant, bar, hotel, gym, taxi or rideshare, doctor's office, hospital, salon, theater, school, daycare, or any other business open to the public that denies you full and equal treatment because of a protected characteristic is breaking the law. The federal, state, and city anti-discrimination laws in New York are among the strongest in the country, and Dudani Law uses all of them. We represent customers and patrons across New York and New Jersey, where state and city law unlock real money damages that the federal ADA does not.
Representative result. $385,000 recovered in a public accommodation discrimination matter. Prior results do not guarantee a similar outcome.
What our clients typically experience
Our clients were refused service, singled out, or denied a basic accommodation at a business that is supposed to be open to everyone, and walked away humiliated. They wonder whether it even counts as something they can act on. Under New York and New Jersey law it often does, and those laws provide real money damages the ADA alone does not.
What Public Accommodation Discrimination Looks Like
Public accommodation discrimination happens when a place open to the public denies you full and equal enjoyment of its goods, services, facilities, advantages, or privileges because of a protected characteristic. Common examples:
- A restaurant or bar refuses to seat you, kicks you out, or moves you to a worse table because of your race, religion, or who you are with.
- A retail store follows you, refuses a return, or accuses you of theft because of your race or perceived national origin.
- A medical office, dentist, hospital, or pharmacy refuses to treat you because of disability, HIV status, gender identity, or another protected trait.
- A rideshare driver, taxi, or hotel turns you away because of a service animal, your race, religion, or disability.
- A website, app, or online business is not accessible to a screen reader and a blind or low-vision user cannot make a purchase or use a service.
Types of Public Accommodation Discrimination
Claims under the ADA, NYSHRL, NYCHRL, and NJLAD take several recognized forms:
- Outright refusal of service because of a protected characteristic
- Unequal terms, segregated seating, or inferior service
- Racial profiling, surveillance, and false accusations of theft
- Physical accessibility barriers, such as missing ramps or inaccessible restrooms
- Inaccessible websites and mobile apps
- Refusal to admit a service animal
- Failure to make a reasonable modification, such as providing an interpreter or adjusting a policy
- Harassment of customers or patrons by staff
- Denial of facilities consistent with gender identity
- Retaliation, including banning or refusing future service after a complaint
Signs You May Have a Claim
- You were refused service or seated separately and watched a similarly situated customer get served.
- Staff made racial, religious, gender, or disability comments and managers did nothing.
- You asked for a basic accommodation (ramp access, a service animal, an interpreter, a quiet room) and were brushed off.
- A website blocked you from buying or booking what nondisabled customers can.
- A pattern of "we are full," "we are closed," or "you cannot bring that dog in here" that turns out only to apply to you.
Where New York Law Goes Further
Federal Law: ADA Title III
Title III of the ADA bars disability discrimination by places of public accommodation. Critically, ADA Title III gives plaintiffs only injunctive relief and attorneys' fees, not compensatory or punitive damages. The U.S. Department of Justice's April 24, 2024 Title II final rule made WCAG 2.1 Level AA a binding standard for state and local government websites and mobile apps; for private businesses under Title III, the Department of Justice has not finalized an equivalent rule, but WCAG 2.1 AA remains the de facto benchmark that courts and settlements track. In Mejia v. High Brew Coffee Inc., No. 1:22-CV-03667-LTS, 2024 WL 4350912 (S.D.N.Y. Sept. 30, 2024), the court dismissed an ADA website claim against an online-only retailer, holding that a place of public accommodation refers to businesses with public-facing physical facilities.
New York State Human Rights Law (NYSHRL)
The NYSHRL public-accommodation provision (N.Y. Exec. Law 296(2)) allows compensatory and punitive damages, not just an injunction. Coverage reaches beyond what federal law alone provides.
New York City Human Rights Law (NYCHRL)
The NYCHRL public-accommodation provision (NYC Admin. Code 8-107(4)) allows compensatory and punitive damages, must be construed liberally, and uses a "treated less well" standard. The New York City Commission on Human Rights can also impose civil penalties up to $125,000, and up to $250,000 for willful, wanton, or malicious conduct.
New Jersey Law Against Discrimination (NJLAD)
The NJLAD bars discrimination by places of public accommodation on protected grounds including race, creed, color, national origin, ancestry, nationality, marital status, civil union status, domestic partnership status, pregnancy or breastfeeding, sex, gender identity or expression, affectional or sexual orientation, disability, and liability for military service (N.J.S.A. 10:5-12(f); 10:5-5(l)). Unlike ADA Title III, the NJLAD allows private plaintiffs to recover compensatory damages, including for emotional distress, plus punitive damages and attorneys' fees in Superior Court. In December 2025, the New Jersey Division on Civil Rights adopted disparate-impact regulations at N.J.A.C. 13:16 (effective December 15, 2025) that expressly apply to places of public accommodation as well as employment.
What to Do If You Believe You Were Discriminated Against
- Write down what happened. The date, time, address, names or descriptions of staff, what was said, and what was refused.
- Save the proof. Receipts, photos, texts, app screenshots, and confirmations or denials of accommodation requests.
- Identify comparators. Note any other customer who was treated differently in the same situation.
- Report it through formal channels. A short, factual email to the business creates a record.
- Move on deadlines. NYSHRL and NYCHRL: three years. NJLAD: two years in court, or 180 days for the Division on Civil Rights.
How to Document
- Receipts, reservation confirmations, app records, and any written denial.
- Photos or video of the location or signage, where appropriate.
- Screenshots of website or app errors, with dates and URLs.
- Names or descriptions of staff and managers, and contact information for any witnesses.
- A short timeline noting what was refused and what was offered to others.
Retaliation Is a Separate Violation
Retaliation against a customer or patron who complains about discrimination, opposes it, or files a charge is independently unlawful under the NYSHRL, NYCHRL, and NJLAD. If a business banned you, refused future service, or escalated treatment after a complaint, that conduct itself can be a separate claim.
What You May Be Owed
- Compensatory damages including emotional distress, humiliation, and inconvenience (uncapped under the NYSHRL, NYCHRL, and NJLAD; not available at all under ADA Title III)
- Punitive damages (uncapped under the NYCHRL and NJLAD)
- Civil penalties (up to $125,000, or up to $250,000 for willful conduct, before the New York City Commission on Human Rights)
- Injunctive relief, including required policy changes, training, ramps, accessible websites, and signage
- Reasonable attorneys' fees and costs
Why Clients Choose Dudani Law
- We unlock real damages. The ADA alone gives only an injunction, so we build your claim under state and city law where money damages are available.
- We value the dignity harm. Humiliation, embarrassment, and anxiety are compensable, and we document them.
- We handle physical and digital barriers. From storefronts and service animals to inaccessible websites and apps.
- No fee unless we win. We handle public accommodation cases on a contingency basis.
Frequently Asked Questions
I was not physically hurt. Do I really have a case?
Yes. Public accommodation cases routinely compensate humiliation, embarrassment, anxiety, and loss of dignity. Under the NYSHRL, NYCHRL, and NJLAD, those emotional distress damages are real and recoverable. The ADA alone does not give you money, but state and city law do.
What if it was a website or an app that excluded me?
You may still have a claim under the NYSHRL, NYCHRL, and NJLAD even where federal courts are split on whether ADA Title III applies to stand-alone websites. WCAG 2.1 AA is the standard most settlements track.
How long do I have to act?
Federal ADA Title III: courts borrow the forum state's personal-injury limitations period, generally three years in New York and two years in New Jersey, but jurisdiction-specific argument matters. NYSHRL and NYCHRL: three years. NJLAD: two years in court, or 180 days to file with the Division on Civil Rights. Move quickly.
Can a business refuse me because of my service animal?
No, with very narrow exceptions. Under the ADA, NYCHRL, NYSHRL, and NJLAD, a business may only ask if the service animal is required because of a disability and what work or task it performs. Asking for paperwork or charging extra is generally not allowed.
Related Practice Areas
These claims often travel together. If any of this sounds familiar, it is worth a look.
Talk to a lawyer today.
Your initial consultation is free and confidential. We work on a contingency basis, so you pay no attorney's fees unless we recover for you.