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, 917-721-7699 or 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

We Need Your MTA Stories

If you or someone you know are a person with a disability who lives in, works in, or travels to locations in the vicinity of any of these stations and who is impacted by the fact that they’re not accessible, we’d love to talk with you.

  • Broadway Junction (J/Z Lines Only)
  • Bay Ridge Avenue (R)
  • Bay Parkway (N)
  • Borough Hall (4/5 Lines Only)
  • 30th Avenue (N/W Lines)
  • Broadway (N/W Lines)
  • Court Square (G Line Only)
  • Metropolitan Avenue (G/L). 
  • 238th St. (1)
  • 168 Street  (1)
  • 181 St (A)
  • 191 St (1)
  • 190 St  (A)
  • 181 St (1)

Please fill out this form so we can contact you.

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