Legal Question in Disability Law in New York

Can I file an order of protection against individuals harassing my business?

Here is the situation: I am about to buy a bar in New York state which I work at currently. There is a gentleman that is deaf who comes in daily, walks behind the bar, walks into the kitchen, talks to customers while they are eating and for two specific customers, purposely bothers them because of some thing prior that happen outside the business. (Both the customers are DPW employees mind you.) The current owner just allows him to do as he wants because he doesn't want the police or the law involved. The gentleman in question has said to me that we can't do anything to him because, as he is disabled, refusing him service would constitute discrimination and honestly, I think I'd have to agree.

About two years ago he and another deaf customer got into a fight in the bar which prompted us to call the police and have a report filled out but never took further action. My question is how hard will it be for me to obtain an order of protection against a disabled person armed with only a two year old police report ( if I can still access it) in the name of the previous owner and probably just my complaint as I don't expect any of our customers to want to involve themselves?


Asked on 2/12/11, 3:27 pm

1 Answer from Attorneys
Locksley Wade Law Office of Locksley O. Wade

This has nothing to do with unlawful discrimination. You are allowed to bar unruly and disruptive customers. Think of the health concerns of your patrons by allowing unfettered non-employee access to your kitchen. In fact, I would dare to say that your restaurant/bar is in violation of the health code by allowing such access.

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Answered on 2/20/11, 8:11 am


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