Staten Island Resident Alleges UPS Discriminates Against Non-White Apartment Complexes


Judge Joan M. Azrack | wikipedia.org

A class action lawsuit was filed on October 8, 2024, in the United States District Court for the Eastern District of New York, in which Gordon Flowers accuses United Parcel Service, Inc. (UPS) of racial discrimination. The complaint alleges that UPS has systematically refused to deliver packages directly to two predominantly non-White apartment complexes on Staten Island—Fox Hill Apartments and Park Hill Apartments—requiring residents to travel to retrieve their deliveries.

Gordon Flowers, a resident of Fox Hill Apartments and physically disabled, brought the suit on behalf of himself and other residents. The complaint states that UPS has enforced a "Non-Delivery Policy" at these locations for over thirty years. Residents must pick up their packages at a single location outside 240 Park Hill Avenue during a limited time window each day. The policy is alleged to disproportionately affect elderly and disabled residents. The complaint also notes that other delivery services, such as FedEx, DHL, and Amazon, do not impose similar restrictions.

Flowers claims the policy discriminates against the predominantly Black and Hispanic residents of these complexes, in contrast to nearby buildings with higher White populations, where UPS provides standard delivery services. The lawsuit argues that this practice violates the New York State Civil Rights Law (NYCRL) and the New York City Human Rights Law (NYCHRL), which prohibit racial discrimination in public accommodations.

The plaintiffs seek an injunction requiring UPS to provide equal delivery services to Park Hill and Fox Hill Apartments. They also seek monetary damages, statutory damages of up to $500 per instance of discrimination under NYCRL § 40-d, punitive damages, and attorneys' fees.

Flowers and the class are represented by attorneys from Emery Celli Brinckerhoff Abady Ward & Maazel LLP and Vladeck Raskin & Clark P.C. The case is assigned Case ID 1:24-cv-07086.

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