NYC Taxi Agency Must Help Disabled Riders: Judge

NEW YORK -- A federal judge on Friday barred the city's Taxi and Limousine Commission from issuing permits for taxicabs unless they're accessible to people who use wheelchairs, a decision that was praised by advocates for the disabled as a milestone that could have national implications.

U.S. District Judge George Daniels said in his written ruling that the commission can provide taxi medallions only for wheelchair-accessible vehicles until it produces a comprehensive plan to provide meaningful access to taxicab service for disabled passengers. He said such a plan must include targeted goals and standards and anticipated measurable results.

"Meaningful access for the disabled to public transportation services is not a utopian goal or political promise, it is a basic civil right," the judge wrote.

The ruling came in response to a lawsuit accusing the taxi commission of violating the Americans with Disabilities Act, a 1990 civil rights law that generally prohibits discrimination based on someone's physical or mental disability. The lawsuit was brought by disability rights groups.

Only 233 of the more than 13,000 taxis in the nation's biggest city are wheelchair accessible. That's fewer than 2 percent.

City attorneys said they were disappointed with the judge's ruling.

Disability Rights Advocates, a non-profit legal center that advocates for people with disabilities, called the ruling "the best Christmas gift our clients could ask for."

"The ruling means New Yorkers who use wheelchairs will be able to participate in city life in a way that wasn't possible before," Disability Rights Advocates managing attorney Mary-Lee Smith said. "Judge Daniels' decision is the first of its kind in the country, and our hope is that it will have national implications."

Smith said a taxi is wheelchair accessible when it provides a ramp that permits the person using the wheelchair to remain in the wheelchair while boarding the taxi.

Another lawyer, Julia Pinover, called the ruling a "landmark civil rights accomplishment for all people with disabilities."

"Tonight, tens of thousands of veterans, elderly and other disabled New Yorkers are absolutely thrilled," she said. "My clients will be able to own their own days and move about this city."

The city's lead attorney in the case, Robin Binder, said the city disagreed with the judge because the Americans with Disabilities Act exempts taxicabs from having to be wheelchair accessible. Binder said the city was considering what steps to take next in court.

Binder noted that the city worked closely with the governor's office and the state Legislature before agreeing with them earlier this week on a comprehensive plan for wheelchair accessibility, including the issuance of 2,000 new taxi medallions for wheelchair-accessible yellow taxicabs and the requirement that 20 percent of all livery hails be wheelchair accessible.

The judge, in his decision, wrote that actions by the governor and Legislature "may be steps towards providing meaningful access to the New York City taxicab system to disabled persons who require wheelchairs," but he added the law requires immediate and full compliance.

Comments

[DevonTexas]

11:54 AM on 12/28/2011

"Meaningful access for the disabled to public transportation services is not a utopian goal or political promise, it is a basic civil right," the judge wrote.

Excellent point!!

[hjo4]

02:00 PM on 12/27/2011

What do tourists or people in New York City do when they get a rude taxicab driver or a taxicab driver who refuses to assist with property?

They check out "New York City Taxicab Customers Guide, Read This, Then Ride,"

this new one-of-a-kind ebook,

ends taxicab driver customer abuse

by informing customers of the rules taxicab drivers must obey;

it shows common situations and related rules,

lists penalties,

then shows customers how to make complaints

if necessary.

Below is the link to the ebook:

http://www.amazon.com/York-Taxicab-Customers-Guide-ebook/dp/B006NF7BEO/ref=sr_1_1?s=books&ie=UTF8&qid=1324956513&sr=1-1

This is a great book to have when riding in a NYC cab.

[ddbbmm13]

05:52 PM on 12/26/2011

The tail wagging the dog again.

[MelO86]

04:50 PM on 12/26/2011

I know people who are in wheelchairs that take cabs all the time. As long as they have a cab driver who is a respectful driver, they have no trouble. They usually jump over into the seat and the driver just sticks the wheelchair in the trunk. It's not that difficult of a job and they never seem to have any trouble.

I'm not saying more "wheelchair accessable" taxis wouldn't be nice, but it seems expensive and a little intrusive to say you can't have a medallion unless...

[mylittlepwny]

11:50 AM on 12/26/2011

Is it a judges place to legislate?

[Yossarian22]

11:54 PM on 12/26/2011

No, to interpret. In this case, he was interpreting the Americans with Disabilities Act.

[mylittlepwny]

06:52 AM on 12/27/2011

It sounds more that he has expanded the act.

[KIVPossum]

04:47 AM on 12/26/2011

That's sure to jerk the cost of taxi rides sky high.

[taw4x4fun]

11:58 PM on 12/25/2011

Again here is a Judge who is visibly abusing his power! As a disabled Vet I agree handicap people should be able to call for a taxi and have one sent that is wheelchair-accessible, however I find it going way overboard to require every taxi to be wheelchair-accessible. I would say each cab company may or should be required to have a percentage of cabs available for wheelchair-accessiblity if a customer calls for one. to have every cab wheelchair-accessible means everytime you pick up passengers that dont require such needs they will still need to deploy the wheelchair ramp so others can get in unless your requiring all cab companies to sell off all their vehicles and to buy all vans with a ramp on the back and side doors! I'm guessing the judge makes enough money in this economy to be able to buy all these special cabs, so that the cab company's can stay in business. If I were a cab company owner right now under this judges new law I would round up all the other owners and come to an agreement to park all cabs for a month, or more, till this judge sees reallity.

[DevonTexas]

11:57 AM on 12/28/2011

"Meaningful access for the disabled to public transportation services is not a utopian goal or political promise, it is a basic civil right," the judge wrote.

You must have missed that part when you didn't read beyond the headline.

[taw4x4fun]

04:01 PM on 12/28/2011

Well golly I wasn't born in Texas like you! I read the entire article! Guess you didn't read my entire comment! I said: As a disabled Vet I agree handicap people should be able to call for a taxi and have one sent that is wheelchair­-accessibl­e! I also said: I would say each cab company may or should be required to have a percentage of cabs available for wheelchair­-accessibl­ity if a customer calls for one.
If your going to stand on its a basic civil right as the judge wrote, then I suggest you tell all car manufacturers out there that they need to make ALL vehicles wheelchair­-accessibl­e since they have the same basic right to go onto a dealership lot and pick any vehicle that they want as well! I'm guessing you support that as well, so the next time you buy a vehicle you buy one that is wheelchair­-accessibl­e even if you dont need it and thank the judge!

[emmeaki]

05:08 PM on 12/25/2011

I'm all for providing access to disabled people, but this seems almost impossible. Would the taxi companies/drivers have to modify their vehicles or completely buy new ones? Aren't their special transportation services for disabled people?

[undefined58]

04:36 PM on 12/24/2011

Not familar with riding in a taxi,but if a ramp is needed for a wheelchair, then that also means the seat would need to be removed to allow room for the wheelchair. Where would people sit who don't need a wheelchair?

[musc1800s]

07:09 PM on 12/24/2011

The situation is similar to a bus where the seats are raised when a wheel chair bound customer aboards. To make all taxi cabs accessible in this fashion would be extremely costly. New York City already has a provision for the disabled to travel....it is called ACCESS-A-RIDE. The customer calls a certain number, a van appears within minutes to the location for pickup, and the customer pays the normal transit fare(right now it is $2.25), The van is wheel chair accessible and will take the customer to the destination desired.