A resident of Ocean Bay Park with mobility restrictions is suing the Seaview Association of Fire Island over their golf cart restrictions.
Under Seaview’s “Safe Walks” policy, only contractors and service providers can operate golf carts in the community. Private citizens cannot.
Arnold Kotzen of Ocean Bay Park is 90 years old and is suffering from spinal stenosis, scoliosis, and other chronic disabilities, rendering him incapable of walking more than a block without a rest. He and his wife, Alice, own a golf cart and have obtained medical permits issued by the Town of Islip and the Village of Ocean Beach for the cart every year since they have owned it, including 2024. Among other things, Arnold needs the golf cart in order to shop for groceries, get his mail, and access the local doctor.
In 2022, while operating his cart in Seaview, Arnold was detained by a security officer who advised him that he was not permitted to drive in the community. Mr. Kotzen ignored the directive, and what followed was a series of exchanges between the parties, ultimately leading to a lawsuit.
“They told me I could use an ADA-compliant scooter,” said Kotzen. “You can’t get through the flooded streets down here on one of those things. I even had to raise my golf cart.”
Tom Ruskin, President of the Seaview Association, told us they sent numerous letters to Mr. Kotzen before initiating a lawsuit in Suffolk County Supreme Court.
“We started an action and were granted a temporary restraining order,” Ruskin said.
Mr. Kotzen then hired Cem Ozer of the Amato Law Group in Garden City to represent him.
“Seaview allows service providers to use golf carts on its streets,” said Mr. Ozer. “Seaview even allows service providers to hitch trailers to their carts. We have counterclaimed under the Americans with Disabilities Act and the NYS Human Rights Law because it is clear Seaview can safely accommodate golf carts on its streets. There is no basis to discriminate against a disabled person who needs such a mobility device from riding on these same streets.”
Seaview claims that allowing electric scooters amounts to reasonable accommodation in satisfaction with the ADA and the HRL. Mr. Ruskin explained the policy:
“We initiated the Safe Walks Policy for the protection of residents, guests, and children,” he said, claiming these actions were in response to several accidents involving private golf carts.
“The policy allows for free permits to be issued for ADA-compliant scooters with proof of actual disabilities.”
The court lifted the restraining order against Mr. Kotzen. Seaview appealed and lost. The litigation is ongoing.
UPDATE 7/23/24: On Thursday, July 18, the Seaview Association notified Fire Island & Great South Bay News that the New York State Supreme Court granted the Seaview Association’s request for an immediate restraining order prohibiting Mr. and Mrs. Kotzen from driving their golf cart on Seaview’s’ walks pending the Court’s decision of their motion for a preliminary injunction as of July 11, 2014.
“The decisions from the Appellate Court are by no means final decisions regarding the merits of the Kotzens’ case,” wrote Defense Attorney Cem Ozer to our publication via email. “These decisions merely allow the lower court’s temporary restraining order to remain in place. The Kotzens will have an opportunity to present their case in court, which we believe will prevail.”
