AAR Paratransit Users Win Equal Fare Discount Lawsuit
Author: Ian C. Langtree - Writer/Editor for Disabled World (DW)
Published: 2024/06/18 - Updated: 2026/01/31
Publication Type: Announcement
Category Topic: Laws and Rights - Related Publications
Page Content: Synopsis - Introduction - Main - Insights, Updates
Synopsis: This report details a significant legal victory for disability rights in New York City's public transportation system. The information is authoritative as it documents an actual court ruling from the Supreme Court of the State of New York, issued by Judge Richard Tsai on June 12, 2024, involving established legal advocacy organizations including New York Lawyers for the Public Interest, Mobilization for Justice, and Jenner & Block LLP. The case addresses a longstanding inequity where Access-A-Ride paratransit users - individuals whose disabilities prevent them from using standard buses and subways - have been excluded from fare discount programs that benefit other transit riders, including half-price fares and unlimited ride passes. This ruling proves particularly valuable to people with disabilities, seniors on fixed incomes, and disability rights advocates because it affirms that paratransit users deserve the same financial considerations as other public transit passengers, potentially reducing transportation costs for thousands of New Yorkers who depend on accessible transit to reach work, medical appointments, and essential services - Disabled World (DW).
Introduction
Access-A-Ride Paratransit Users Win Decision in Case Against the MTA for Equal Fare Discounts
On June 12, 2024, the Supreme Court of the State of New York ruled in favor of the plaintiffs, denying the Metropolitan Transportation Authority and the New York City Transit Authority's (together, MTA) motion to dismiss the case. In the Court's ruling, Judge Richard Tsai agreed "with plaintiffs that, based on the allegations in this case, the ADA and the DOT implementing regulations do not preempt" the New York City Human Rights Law.
Main Content
The case involves five individuals with disabilities who use Access-A-Ride Paratransit (AAR), fighting on behalf of a class of similarly-situated individuals, to end the discrimination that excludes them from public transit fare discounts. The MTA offers substantial fare discounts - including half fares for people with disabilities and seniors, as well as 30-day and 7-day unlimited fares - for bus and subway riders, but not for AAR riders, whose disabilities prevent them from riding buses and subways. The plaintiffs are represented by New York Lawyers for the Public Interest (NYLPI), Mobilization for Justice, and pro bono counsel Jenner & Block LLP. The case also seeks to reimburse AAR riders for the financial harm they suffered due to the unavailability of these fare discounts.
"Access-A-Ride users, most of whom are of limited means, rely on Access-A-Ride to travel to their jobs, schools, and medical appointments, and to visit with friends and family," says Christopher Schuyler, managing attorney with the Disability Justice Program at NYLPI. "Extending these discounts - the very same discounts available to subway and bus riders - to Access-A-Ride will mean a real difference in the lives of people with disabilities who use Access-A-Ride."
"It's not fair that the MTA offers these discounts to subway and bus riders and not to Access-A-Ride users. We rely on the MTA to get us around just the same as other mass transit riders, and we shouldn't be paying more," says plaintiff Sheila Murray. "The MTA needs to end this discrimination against Access-A-Ride users immediately."
AAR is the MTA's paratransit service for people with disabilities who cannot use, or are substantially limited in their ability to use, subways or buses. The MTA is legally required to provide this public transit service, and it must be comparable to subway and bus service. But AAR has long been plagued by unreliable and inflexible service. Nevertheless, AAR riders must pay the full fare of $2.90 for every trip, no matter how many trips they take per month and no matter whether they would qualify for a reduced fare because of their disability or age.
Many AAR users live on a fixed income, which exacerbates the impact of their exclusion from these discount programs. Making these discounts available to AAR riders will significantly improve the financial wellbeing of all AAR users.
"No one should have to pay higher fares just because they have a disability that prevents them from riding the bus or subway," said Daniel A. Ross, a senior staff attorney at Mobilization for Justice, Inc. "The MTA can and must stop penalizing New Yorkers for their disabilities."
"We are delighted to work closely with the top-notch and committed lawyers at NYLPI's Disability Justice Program and Mobilization for Justice's Disability and Aging Rights Program to help vindicate the legal rights of New Yorkers with disabilities," said Jenner & Block Partner Marc B. Hankin.
New York Lawyers for the Public Interest (NYLPI)
Founded nearly 50 years ago by leaders of the bar, New York Lawyers for the Public Interest is a community-driven civil rights organization that pursues justice for all New Yorkers through litigation, community organizing, policy advocacy, pro bono service, and education. NYLPI works toward a New York where all people can thrive in their communities, with equal access to mass transportation, quality healthcare and housing, safe jobs, good schools, and healthy neighborhoods. NYLPI's community-driven approach powers its commitment to civil rights and to disability, health, immigrant, and environmental justice, and NYLPI's Disability Justice Program advocates extensively for transportation equity for New Yorkers with disabilities.
Mobilization for Justice
Mobilization for Justice envisions a society in which there is equal justice for all. Mobilization for Justice's mission is to achieve social justice, prioritizing the needs of people who are low-income, disenfranchised or have disabilities. We do this by providing the highest quality direct civil legal assistance, conducting community education and building partnerships, engaging in policy advocacy, and bringing impact litigation.
Jenner & Block LLP
Jenner & Block LLP is a law firm with global reach, with offices in Century City, Chicago, London, Los Angeles, New York, San Francisco, and Washington, DC. The firm is known for its prominent and successful litigation practice, global investigations practice, regulatory and government controversies work, and experience handling sophisticated and high-profile corporate transactions. Its clients include Fortune 100 companies, technology companies, large privately held corporations, emerging companies, Native American tribes, and venture capital and private equity investors. The American Lawyer has recognized Jenner & Block as the No. 1 pro bono firm in the United States 11 times.
Related Information
- Historic Settlement to Make NYC Subway Accessible to Disabled: State and Federal courts grant final approval to historic settlement to make the NYC subway accessible to people who need stair-free access.
- United Spinal Association Sues MTA for Inaccessible Subway Stations: Class action suit is brought by United Spinal Association whose members live with physical disabilities due to spinal cord injuries and disorders.
- New York City Access-A-Ride Program Cost Saving Changes: Proposed Access-A-Ride cuts will have negative impact on individuals with disabilities in New York City.
Insights, Analysis, and Developments
Editorial Note: The court's decision represents more than a procedural victory - it acknowledges what should have been obvious from the start: disability shouldn't determine the price of getting around your own city. While Access-A-Ride has struggled with reliability and service quality issues for years, the MTA simultaneously charged its most vulnerable riders premium prices for an inferior product. The plaintiffs' persistence through the legal system highlights how often people with disabilities must fight in court for treatment that others take for granted. As this case moves forward, it will test whether New York's commitment to accessible transportation extends beyond physical infrastructure to include economic accessibility. For the thousands of New Yorkers who rely on paratransit to participate in daily life, equal pricing isn't a discount - it's recognition that their transportation needs matter just as much as everyone else's - Disabled World (DW).
Author Credentials: Ian is the founder and Editor-in-Chief of Disabled World, a leading resource for news and information on disability issues. With a global perspective shaped by years of travel and lived experience, Ian is a committed proponent of the Social Model of Disability-a transformative framework developed by disabled activists in the 1970s that emphasizes dismantling societal barriers rather than focusing solely on individual impairments. His work reflects a deep commitment to disability rights, accessibility, and social inclusion. To learn more about Ian's background, expertise, and accomplishments, visit his full biography.