Wheelchair Access Denied!

Most people take it for granted they can go in and out of their home any time they want to.
But what if you couldn't go in or out after 5 PM? Or before 8 AM? That's the case for one man.

Most of the people who live at this complex of buildings on Wallace Avenue in The Bronx don't think twice about leaving or coming home. They do it whenever they want. That's not the case for Dominick DiNapoli. In fact, getting around is anything but simple for him. After working hard all of his life, this former marine, a Vietnam veteran, is disabled.

"I've got very bad knees," says Dominick. "I've got osteoarthritis to the point where both knees need to be replaced. I also have a herniated disc in the back, vertigo problems." As Dominick says, he doesn't display his pain. But the pain is there. So getting around, mostly in his wheelchair, is hard.

The old landlord of his building had to be persuaded to do the right thing. Back in 2004, Dominick took his plight to the New York State Division of Human Rights. Three years later they handed down a decision. The landlord must provide equal access... and that goes for the 'new' landlord too.

According to Dominick,

"This matter was litigated and the state upheld a discrimination complaint against the former landlord. It was appealed. The appellate court upheld it. They ruled it was discriminatory to deny me keys giving me access to the building."

So they gave Dominick a special key. He takes the elevator down to the basement then he unbolts the door and unlocks it using his key. But after business hours the elevator doesn't go to the basement. And a month ago, the landlord ordered the door be bolted from the 'inside' after 5 PM. So if Dominick is out all day and tries to get back in, fughedabout it.

"Saturday, just the other day," says Dominick, "I got back here five minutes after five, the door was bolted. I couldn't get in. I'm stuck in traffic, I have a court appearance, I can't get back by 5 PM. I'm stranded out there."

Building managment gave reasons for bolting the door in a letter. Among them, the equipment in the building might get tampered with... or someone could hurt themselves and their cries for help would go unanswered. Dominick doesn't understand: "Give us 24 hour, equal access. That's what we're entitled to under the law, equal access."

It's not going to happen any time soon. And it's not like he can move. The reason he lives in the building is to be near his son, who is blind and needs him. We've learned from the Division of Human Rights that since bolting the door could be a 'new' way of denying equal access, Dominick has to file a 'new' complaint with their office.

We asked them if another ruling would take another three years. "There have been many new changes in this office," says Lourdes Centeno. "There are new time limits for handling a complaint. It's a lot faster than it was in the past."

Try telling that to Dominick. The only help we've been able to give him is to shine a light on his problem. He's continuing to help himself. He's filed suit in Federal Court. That might help. He's also been calling 311 so the HPD is looking into it.