Only On CBS2: Man Struggling With MS Takes On City For Right To On-Street Parking
NEW YORK (CBSNewYork) - For years, a man with a disability battled bureaucracy.
He fought for what federal law is supposed to guarantee: accessible parking in his own hometown, reports CBS2's Carolyn Gusoff.
It takes Gerry Kelly a lot of effort to do what most take for granted.
The Garden City resident with multiple sclerosis also put in years of effort fighting for his rights.
"You have all restaurants all the places people want to go, you cant find a space," said Kelly.
Once a local basketball star, he returned home to Garden City several years ago shocked to find its main thoroughfare, Seventh Street, was never made handicapped accessible.
There are 60 parking spaces in front of busy restaurants and shops, none of them compliant with the Americans With Disabilities Act.
His request for the required three spaces. It was turned down.
"We are slower, we take more time to get in the store, so there was pushback from the Chamber that we would rather (have) them in the back because these are prime spots," said Kelly.
The Chamber argued there was ample handicapped parking in lots behind stores, and that on-street parking for drivers like Kelly wasn't safe.
So he sued, with his lawyers fighting for the case for free.
Now after three years of failed mediation and a trial about to begin, there's been an out-of-court settlement.
After spending $100,000 to defend its position, the village did not have to admit fault but did have to comply by this week.
Brand new blue paint now adorns three prime handicapped parking spaces.
The head of the Chamber of Commerce calls it a poor choice of spots that will hurt merchants. Shoppers CBS2 spoke with disagreed.
"There was pushback from a lot of corners and Gerry persevered," said one shopper.
"Every town should have it, especially in this day and age," said another.
Kelly said he feels some vindication.
"This a wonderful feeling," he said. "It allows people to be part of a community."
Kelly hopes victory sends a message. No matter how crowded a downtown, everyone has the right to access.
