accessibility

Statement by plaintiffs in three civil rights lawsuits against the MTA about subway access plans in the 2020-2024 capital program

The MTA on Thursday identified 45 subway stations* it said it would make accessible to people with disabilities in the 2020-2024 capital program, with a promise of nearly two dozen more to come. That’s real progress.

Unfortunately, the MTA has a decades-long record of missed deadlines, funding diversions and deficient maintenance when it comes to accessibility. We can’t let that happen again. The only guarantee that counts is a legally binding settlement of our civil rights lawsuits over subway accessibility. It’s time for the MTA and Gov. Cuomo, who controls the MTA, to make that happen so that all New Yorkers can be certain that subway elevators and ramps are truly coming their way.

Our groups sued the MTA more than two years ago over the lack of access across the subway system, then sued again this year over the MTA’s long-standing violation of the Americans with Disabilities Act by renovating stations without making them accessible. The MTA has refused to settle those two cases and a third, over the horrendous maintenance of subway elevators. If the MTA is serious about its commitment to accessibility, it needs to go beyond a press release or promises in a capital plan.

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*The MTA also identified three Staten Island Railway stations that it would make accessible. Fewer than 25% of subway stations are accessible now and only a third would be accessible after completion of the 2020-2024 plan, as proposed.

For more information, contact (all listed are organizational or individual plaintiffs):

Joe Rappaport, Brooklyn Center for Independence of the Disabled, 646-284-1078 or jrappaport@bcid.org

Jess Powers, Center for Independence of the Disabled, jpowers@cidny.org

Brett Eisenberg, Bronx Independent Living Services, 718-515-2800 or brett@bils.org

Christina Curry, Harlem Independent Living Center, 917-828-5500 (text only) or curry.hilc@gmail.com

Jean Ryan, Disabled In Action, 917-658-0760 or pansies007@gmail.com

Sasha Blair-Goldensohn, sasha.blairgoldensohn@gmail.com

MTA is Not Above NYC Human Rights Law and Judge Rules They Can’t Discriminate Against People with Disabilities Who Use the Subway

New York, New York (June 5, 2019) – Today, Justice Shlomo Hagler of the Supreme Court of New York, New York County, denied the request of the Metropolitan Transportation Authority (“MTA”) and the City of New York (“the City”) to dismiss a civil-rights lawsuit filed by the disability community. The lawsuit alleged that the MTA and the City violate the New York City Human Rights Law by discriminating against people with disabilities because less than 25% of the New York City Subway’s 472 stations provide any access for people whose disabilities make use of the stairs difficult, dangerous or impossible. Today’s ruling allows the lawsuit to go forward.

“There has never been a decision from any court that has preempted the New York City Human Rights Law in the area of discrimination,” Judge Hagler said from the bench. “There can never be a situation where the state would license any agency to discriminate against any individual.”

Michele Caiola, Disability Rights Advocate’s Managing Director of Litigation says: “The MTA should take heed, business as usual will no longer be tolerated. Accessibility must be a top priority.”

Susan Dooha, Executive Director of Center for Independence of the Disabled, New York, says: “We are thrilled with the ruling today and we’re ready for the next stage. We anticipate bumps in the road, but we see a future where subways are accessible for all. Lack of accessible transportation is more than a burden, it’s a barrier to employment for people with disabilities and a violation of human rights.”

“Hallelujah,’” says Joe Rappaport, Executive Director of Brooklyn Center for Independence of the Disabled. “The MTA now has a choice: keep spending the public’s money fighting this suit or make a long overdue commitment to make the subway’s accessible to all.”

“BILS strongly believes in full accessibility of the subway system, and this is another step in the right direction,” says Brett Eisenberg, Executive Director of Bronx Independent Living Services. “We will not stop until there is 100% accessibility.”

Contacts

Michele Caiola, mcaiola@dralegal.org, (212) 644-8644

Jess Powers, jpowers@cidny.org, (917) 721-7699

Joe Rappaport, jrappaport@bcid.org, (646) 284-1078

Brett Eisenberg, brett@bils.org, (718) 515-2800

Case Page

Center for Independence of the Disabled New York (CIDNY), et al. v. New York City Transit Authority (NYCTA), et al. (N.Y. State Supreme Court)

Hurricane Season Starts This Month

The City has made some changes in emergency preparedness for people with disabilities since we won our court case in 2014. Their website has more information to address some issues for New Yorkers with disabilities; the plan for canvassing buildings now includes training for canvassers on working with people with disabilities; more evacuation centers and shelters are accessible (see link below) and more accessible transportation options should be available during a City-ordered evacuation.

The City’s website includes tips on preparing for emergencies or disasters. We would encourage you to review this information – some tips may be helpful for your planning.

If you don’t have access to a computer, you can contact 311 and ask for printed versions. If that doesn’t work, please call us at 212-674-2300 and tell us you couldn’t get a print copy of the City’s E-prep information online.

You can take some action:

If you live in a high rise building or if you depend on elevators, find out if your building has a plan for people with disabilities in case of power outages or if elevators cannot be used in evacuating.
If you have neighbors or family members you trust, you may want to work out a plan together for what to do if the power goes out or if an evacuation is ordered.
You may want to find out where the closest accessible shelter is and then make a transportation plan in case you have to evacuate to a shelter.
Know your rights. At an accessible shelter, you should be able to charge your equipment; refrigerate your medications if necessary; have an accessible cot; be able to use the bathrooms; be able to get information in alternate formats and to get other accommodations, including ASL interpretation. Guide and service animals can be with you at any shelter. Each accessible shelter has a disability and functional needs coordinator to help with accommodations.
See if there is a community group or community board in your area working on E-prep issues and find out what they are doing.
If you have comments on the City’s plan or their tips for New Yorkers with disabilities, contact us at info@cidny.org or call 212-674-2300 and leave a message asking to speak to someone about emergency preparedness.

In Light of Tragedy, Demand Subway Accessibility Now

All New Yorkers send our condolences and sympathy to the family of Malaysia Goodson, who tragically died at the 7th Ave and 53rd St subway station on Monday after she fell down a flight of stairs carrying her baby in a stroller.

Our groups – disability, transit and advocates for pregnant women – assert that this tragedy should not be in vain. Currently, fewer than 25% of the city’s subway stations are accessible. In 2017, many of our groups sued the MTA, which Governor Cuomo controls, in state court charging the lack of subway elevators is a violation of the city’s Human Rights Law. The Governor and the MTA have not settled the lawsuit.

Today, join us in urging Governor Cuomo to settle our lawsuit with a commitment for a plan of full subway accessibility.

Call Gov. Cuomo at 212-681-4580 and tell him: Make the subways safe and accessible for all New Yorkers!

Brooklyn Center for Independence of the Disabled (BCID) • Center for Independence of the Disabled, New York (CIDNY) • Bronx Independent Living Services • Disabled In Action • NYPIRG Straphangers Campaign • People’s MTA • Riders Alliance •Rise and Resist • TransitCenter • UP-STAND