777-up, you are way off base. EK has taken a simple, and fun approach, that was designed to get you below a typical low NY cloud base and effed it up royally. It is not designed to be used as full IFR approach, and JFK atc will not use it that way. ILS to 13 will be used if the ceiling is that low.
Yes, the crew mishandled this approach, but EK is, IS the root cause. Fly to the VOR and follow the white flashing lights. Easy-peasy. No no no, we don't want that, so let's make up our own procedure. Okay. The last time I read the OM-A, a visual approach is one of YOUR choices. So fly it. Fly to the VOR and fly visual the rest of the way. Use the runway so you can even have vertical guidance(380).
Other crews flying to the opposite side you say? Well, if someone can't differentiate between L and R when there are only 2 choices, well, can't say there is help for that at this point in their lives.