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New York Civil Rights Questions & Answers
1 Answer | Asked in Consumer Law, Civil Rights and Health Care Law for New York on
Q: It is legal for a gas station to deny me access to a restroom because they don’t want to pay septic fees?

The manager and the owner are not allowing anyone to use their restroom even though it works due to the fact they are tired of paying septic fees. I used it the last 3 days even though they have not in service signs and I have asked before to use the restroom and they said no sorry but when I... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 5, 2020

Here is a link to an organization that is involved in this issue. You could look into whether their resources offer guidance: https://americanrestroom.org Good luck

Tim Akpinar

1 Answer | Asked in Civil Rights, Divorce, Family Law and Social Security for New York on
Q: I am disabled and my husband wants to separate from me, I helped get into the apartment but he wants me out.

I'm on social security and I have no place to go, is he allowed to throw me out? I was told by a friend my disability may help me. I lost my leg back in 2013 and I have spina bifida with tethered cord syndrome I need to know my rights and I hope I picked the right place to ask this because I... Read more »

Kevin Abessi
Kevin Abessi answered on Oct 4, 2020

I'm sorry that this is happening. Absent any court order, you have a right to live in your marital home. Furthermore, I cannot imagine an order that kicks you out of the apartment without at least ensuring that you are adequately accommodated. If your husband is attempting any actions... Read more »

2 Answers | Asked in Civil Rights, Constitutional Law, Contracts and Small Claims for New York on
Q: It is possible to sue University for emotional distress, for discrimination and for false information in the UK ?

I have applied to University during Covid and got a Conditional Offer right away. In order to get CAS(letter of acceptance ) I had to meet all the conditions. During four months University kept asking me for more and more information and I provided them all. I got an answer that I almost got in the... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 9, 2020

I'm sorry for your ordeal. Unfortunately, I don't believe you would have a cause of action for emotional distress, which is generally based more on intentional or reckless conduct that is outrageous on the part of the wrongdoer. But you could present the facts to other attorneys for their... Read more »

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1 Answer | Asked in Civil Rights, Constitutional Law, Municipal Law and Public Benefits for New York on
Q: What are the laws regarding public speaking in a city like NYC?

Can any mass of people congregate in a public park, setup some speakers and listen to an orator speak about politics, for example? Is this protected by the right to peaceful assembly? I'm talking about non-pandemic times, btw. Thanks for any help provided.

Tim Akpinar
Tim Akpinar answered on Aug 8, 2020

This is something that a constitutional law scholar would know best. It sounds like you are touching upon the time, place, manner attributes of the First Amendment. It would be safest to contact agencies or offices within the City of New York to verify these guidelines - it's possible they... Read more »

2 Answers | Asked in Appeals / Appellate Law, Civil Litigation and Civil Rights for New York on
Q: Could a plaintiff appeal the lower court decision on a civil lawsuit and where can I fine case law on it
Michael David Siegel
Michael David Siegel answered on Jul 28, 2020

Any decision can be appealed. Where to appeal depends on which court decided it. There are very strict time deadlines to appeal.

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1 Answer | Asked in Civil Rights for New York on
Q: Is it ok for a doctors office to send me home because I had trouble breathing with a mask on? Theynow won’t see me
Tim Akpinar
Tim Akpinar answered on Jul 14, 2020

I'm sorry this happened to you. It's difficult to comment on the matter without knowing more about the basis for the doctor's actions. However, as a general rule (subject to exceptions), a doctor can decline treatment, unless the relationship is government by third-party contractual... Read more »

1 Answer | Asked in Civil Litigation, Family Law, Civil Rights and Constitutional Law for New York on
Q: Is there a law that allows me to protect myself against state-mandated threat of infection to my life and my child’s?

Thanks in advance for your time.

I have an 8 year old daughter. Her mother and her partner are reckless about COVID-19 infection, attending protests, traveling on airlines, not wearing masks, not using sanitizer etc. By contrast, I have protected my daughter with every measure possible... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jul 10, 2020

Your choices are either not to have your daughter come to you or to go to court and ask for custody.

1 Answer | Asked in Civil Rights for New York on
Q: In 1866 what did the SCOTUS Rule in Ex Parte Milligan, 71 U.S. 2 Section 98 on National Emergency
Tim Akpinar
Tim Akpinar answered on Jul 6, 2020

The case is basically about the right of civilians to be tried in civil courts instead of military courts when civil courts are in session. If this is for a school assignment, you could provide background by discussing some of the other measures taken by President Lincoln during the Civil War -... Read more »

2 Answers | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for New York on
Q: Can I sue the state for not informing me of my convicted rapists release to society

He served his sentence and got put in mental facility because he’s a serial offender and was still a risk to society. I was never told he was released and he’s been seen around my home town and now I’m afraid and traumatized all over again because he came back to the place where this all... Read more »

Derek John Soltis
Derek John Soltis answered on Jul 3, 2020

This is a horribe answer to your question, but it gets arround to answering why suing probably won't help you.

You can sue anyone for any reason you want, but it doesn't mean you will win anything.

The state failed to tell you something. I don't remember you...
Read more »

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2 Answers | Asked in Domestic Violence, Family Law and Civil Rights for New York on
Q: can a legal guardian deny access to the childs bedroom

not allowed in bedroom unless its night but the guardian comes to wake up at 6:30 in the morning and they arent allowed back in their bedroom all day they lock the door

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on Jun 7, 2020

The question is why are they doing that. Is there a valid reason to do that.

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1 Answer | Asked in Family Law, Personal Injury and Civil Rights for New York on
Q: Hello! I am 16 years old, and CPS has opened a case on me, following me around and tapping into my phone.

There hasn't been any signs of neglect or abuse found in my house, even though my mother tried to kick me out. The case is supposed to be closed, obviously, but they won't close it.

Apparently, they have been following me around and they tapped into my phone when it was taken away... Read more »

Lawrence Allen Weinreich
Lawrence Allen Weinreich answered on May 24, 2020

They are there to protect you so there isn't much you can do. However, if you have proof that they tapped your phone without a court order that can be reported to the police as that is a crime. In addition you can get a lawyer to sue on your behalf to stop all phone intercepts.

Q: I need to prove that I am being tortured because the ppl doing it are getting away with it. I need representation.

Seeking legal advise but months later there is still no response on here.

Derek John Soltis
Derek John Soltis answered on May 10, 2020

Call an attorney that specializes in civil rights. You are not likely to get information that can help you on a public forum.

1 Answer | Asked in Civil Rights for New York on
Q: What other motions are similar to summary judgement ?
Tim Akpinar
Tim Akpinar answered on May 5, 2020

There are a number of different types of motions you'll see both in New York Practice and Federal Practice. If you look them up, you'll see motion to dismiss, motion to compel, discovery motions, jnov, and a few others. Summary judgment basically asks the court to rule that there is no... Read more »

1 Answer | Asked in Civil Rights for New York on
Q: At trial, the attorney for the plaintiff, Mr. Smith, believes that opposing counsel has not presented a material issue

to contravene (contradict) Mr. Smith’s client.

What motion might Mr. Smith make to the judge? Explain what that motion is in detail, and explain when counsel may raise such a motion. What other motions are similar? How are they utilized? Why does the court entertain such motions?

James Avery
James Avery answered on May 5, 2020

It would be appropriate to file a motion for directed verdict on liability at the close of evidence, assuming Mr. Smith proved all the elements of his case and the defense did not attack his client’s credibility or present any evidence to counter the elements of liability. Most courts would... Read more »

1 Answer | Asked in Civil Rights for New York on
Q: Is is legal to shoot my bb gun in my own backyard for aiming practice in nyc i live in the bronx
Gregory Byrnes
Gregory Byrnes answered on Apr 29, 2020

NYC Admin Code § 10-131:

"Air pistols and air rifles; selling or possessing. 1. It shall be unlawful for any person to sell, offer to sell or have in such person's possession any air pistol or air rifle or similar instrument in which the propelling force is a spring or air,...
Read more »

1 Answer | Asked in Civil Rights, Constitutional Law and Real Estate Law for New York on
Q: Relatives not heirs, invades and builds a house on a land that belong to senior heirs living in PR w/out permission

One or two bully relatives in Camuy Puerto Rico, not heirs, invaded and started to build on land that belong to disable senior heirs w/out their permissions; Three of the heirs died, one lives in NY, and the other 2 seniors own homes and lived on that land for years. Eventhough the senior heirs... Read more »

Elaine Shay
Elaine Shay answered on Apr 12, 2020

Since the property is in Puerto Rico, you should post your question in an area with attorneys from that jurisdiction.

1 Answer | Asked in Civil Rights for New York on
Q: Looking for help with a denial for a gun permit.

I applied for a gun permit I got denied I wrote an appeal letter they denied that I feel like it is unjust.

Derek John Soltis
Derek John Soltis answered on Apr 9, 2020

This is a very specialized area of law. I would recommend doing a google search for a gun permit lawyer near you.

1 Answer | Asked in Business Law, Personal Injury and Civil Rights for New York on
Q: If I am filing a small claims of $320, which is the amount I lost, how much can I charge for damages?

Is there a minimum or maximum amount that I can charge for damages?

Tim Akpinar
Tim Akpinar answered on Apr 8, 2020

The New York State Unified Court System has some educational resources for using Small Claims Court. Here is web address for their page:

http://www.courts.state.ny.us/courts/nyc/smallclaims/videos.shtml

They answer questions about amounts and other issues. Good luck

Tim Akpinar

1 Answer | Asked in Civil Litigation and Civil Rights for New York on
Q: Can a lawyer help me sue the NYCTP and NYPD for continuously harassment and my minor son?

After my ex husband failing to get me deported. He went ahead and made false allegations about me and my minor son to the police. We are always being harassed like criminals. We are labeled thieves in the stores despite the fact that I have no criminal history. My ex is NYPD retired detective so he... Read more »

James Avery
James Avery answered on Apr 2, 2020

Local police corruption can be reported to the Dept of Justice (FBI).

1 Answer | Asked in Civil Rights, Criminal Law and Domestic Violence for New York on
Q: False police report - Fake domestic violence report - Attorney Referral

A false police report was made by my family members and the NYPD arrested me based on that FALSE/FAKE police report. Now, I need a lawyer that can help me file lawsuits for False police report, wrongful arrest, financial harm, destruction of reputation, mental stress & conspiracy. Thanks.

James Avery
James Avery answered on Apr 2, 2020

Do you have proof that the police KNEW the report was false and DELIBERATELY arrested you without evidence? How many years in jail did you spend as a result?

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