A group of disability rights advocates today filed a federal class action lawsuit against the Taxi and Limousine Commission, asserting that the lack of wheelchair accessible taxicabs in New York City violates the Americans with Disabilities Act.
The lawsuit says that the commission's failure to require that taxis be accessible to the disabled is a violation of multiple civil rights laws. With only 231 of more than 13,000 New York City taxicabs accessible to people with disabilities, the complaint argues that the TLC ignores the needs of the disabled.
"Before I became disabled I was able to use taxis all the time, now I can't even get one to stop me for me," said plaintiff Chris Noel, who serves as co-chair of the Taxis for All Campaign. Noel works in marketing and says that using taxis is an essential aspect of what he does. "In marketing you need to be on time no matter what -- you need to be early, so cabs are the best way to get around. I still pay taxes, but now can't get a taxi."
The TLC says that while they consider accessibility a priority, the lawsuit is baseless.
"We have made tremendous strides over the years in improving transportation options for persons with disabilities, which we continue to prioritize," said TLC spokesman Allan J. Fromberg. "At the same time, no federal or local law requires that taxicabs be accessible to people with wheelchairs, and in fact, the ADA specifically exempts taxicabs from the requirement."
But attorneys with the group Disability Rights Advocates, who represent the plaintiffs say the commission is mistaken.
"The ADA exemption applies only to private entities not government entities like the TLC," said attorney Kara Werner. "The TLC regulates the vehicles and has a responsibility to ensure that all New Yorkers can use taxicabs."
The plaintiffs say that if they can get a fully accessible taxis fleet in New York City, which has the most cabs of any city in the nation, one can work almost anywhere.
The lawsuit seeks no money, only that the TLC implement rules requiring that as all current taxis are replaced new ones are wheelchair accessible. TLC Chairman David Yassky, who is also named as a defendant told this reporter that he was "aware" of the suit.
The TLC is looking to replace all taxis with a single vehicle -- the Taxi of Tomorrow and the plaintiffs say they want to make sure that whatever vehicles is chosen is wheelchair accessible.
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Contact Michael A. Harris at mharris@examinerny.com
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