Disability Advocates Challenge NYC Over Wheelchair-Accessible Taxis
Topic: Lawyers and Rights
Author: Disability Rights Advocates
Published: 2024/02/22 - Updated: 2024/09/04
Publication Type: Announcement
Contents: Summary - Introduction - Main - Related
Synopsis: A number of disability groups file motion to prevent New York City from shirking its obligation to provide wheelchair-accessible taxis. In 2014, all parties reached a historic settlement agreement in which the TLC promised to make at least 50% of its taxis accessible for wheelchair-users. Because the yellow taxi fleet was more than 98% inaccessible at the time, the settlement meant a better life for thousands of people who were excluded from the convenience of hailing a taxi. Almost 10 years later, the TLC has failed to meet the requirement for a 50% accessible taxi fleet, even though there is no legal basis for them to avoid their obligations under the Court-ordered agreement.
Introduction
Jumpto:
Disability Groups File Motion to Prevent New York City From Shirking Its Obligation to Provide Wheelchair-Accessible Taxis
A coalition of disability groups has filed a motion in federal court to compel the New York City Taxi and Limousine Commission (TLC) to comply with the provisions of a settlement that was agreed upon in 2014 requiring they make at least 50% of their iconic yellow taxi fleet accessible to people who use wheelchairs. Despite an extension of time to fulfill its obligation, the TLC has not only failed to reach the 50% accessibility threshold, but are seeking to escape their obligation altogether.
Main Digest
In 2011, Disability Rights Advocates and Sheppard Mullin filed a class action lawsuit against the TLC on behalf of a coalition of people with disabilities, including Taxis for All Campaign, United Spinal Association, 504 Democratic Club - the nation's first and largest club advocating for the Civil Rights of people with disabilities - and Disabled In Action, challenging the TLC's dismal lack of wheelchair-accessible taxis. Disability Rights Advocates mission is to advance equal rights and opportunity for people with all types of disabilities nationwide. DRA represents people with all types of disabilities in complex, system-changing class action cases.
In 2014, all parties reached a historic settlement agreement in which the TLC promised to make at least 50% of its taxis accessible for wheelchair-users. Because the yellow taxi fleet was more than 98% inaccessible at the time, the settlement meant a better life for thousands of people who were excluded from the convenience of hailing a taxi. The increase in the number of accessible yellow taxis has given thousands of people who use wheelchairs the ability to exercise their right to hail a yellow taxi just like everyone else can.
Almost 10 years later, the TLC has failed to meet the requirement for a 50% accessible taxi fleet, even though there is no legal basis for them to avoid their obligations under the Court-ordered agreement. The TLC's disregard for the settlement they agreed to has resulted in residents and visitors to New York City being excluded from using taxis to traverse the city. The motion to enforce the settlement agreement will ensure that the TLC keeps up their end of the bargain and stops discriminating against wheelchair-users in New York City.
"Yellow taxis should not be a thing of the past for us! Wheelchair users who are residents, visitors, and tourists need to hail and use wheelchair accessible cabs to get around our city. This is about equity and fairness," said Jean Ryan, President of Disabled In Action.
Disabled In Action (DIA) was a founding member of Taxis For All Campaign in 1996. They are an all-volunteer, nonprofit disability civil rights organization made up of people with all kinds of disabilities.
"When we settled with the City, Federal Judge George Daniels called our agreement 'one of the most significant acts of inclusion in this city since Jackie Robinson joined the Brooklyn Dodgers,' yet now Mayor Adams and the TLC propose rolling back this landmark achievement. The only thing that has changed over the past decade is, apparently, the City's own commitment to fairness and equal access," said Joe Rappaport, Executive Director of Brooklyn Center for the Independence of the Disabled and member of Taxis For All, a coalition advocating for wheelchair-accessible taxis and for-hire vehicles in New York City, based upon universal design principles.
"The TLC wishes to undermine the rights of wheelchair users to save the yellow cab industry but the TLC allowed Uber and Lyft to decimate it first. Now they want us to come to the rescue," said James Weisman, General Counsel at United Spinal Association, a disability led, national membership organization with 61,000 members, the vast majority of whom are wheelchair users.
"We have an agreement. That's the long and short of it," said individual plaintiff Simi Linton.
"As a wheelchair-user who frequently relies on cabs to navigate the city, I know firsthand that the TLC can and must do better. We are committed to working with our clients and the Court to ensure that the TLC complies with its court-ordered obligations so that we wheelchair-users have the same freedom to hail and ride a cab safely as any other New Yorker or visitor," said Rebecca Williford, President and CEO of Disability Rights Advocates.
"100% of the yellow taxis should be accessible. The fact that less than 50% are accessible, despite our written agreement, is inexcusable," said Dan Brown of Sheppard Mullin, a full-service AmLaw 50 firm proud of its history and commitment to pro bono.
Read the motion to enforce the settlement agreement.
UPDATE: 20th March 2024
Disability Groups Respond After City Doubles Down on its Refusal to Meet Its Obligation to Provide Wheelchair-Accessible Taxis
A coalition of disability groups has responded in federal court after the New York City Taxi and Limousine Commission (TLC) moved to free itself from its court-ordered obligation to make at least 50% of their iconic yellow taxi fleet accessible to people who use wheelchairs. The TLC's move came after disability groups filed a motion to enforce the settlement agreement last month.
Rather than take the steps needed to bring more accessible vehicles into the fleet of yellow taxis, the TLC doubled down, asking the Court to vacate the 50% accessibility requirement altogether, thereby gutting what had been a historic achievement for persons with disabilities in New York City. As described in the disability groups response, the TLC's actions are without legal or factual support, and fail to acknowledge that the iconic New York taxi is still a huge part of life in the City - and can still be a boon to independence for hundreds of thousands of New Yorkers and visitors to the City who use wheelchairs.
"The question is simple: What kind of city does New York want to be? Will it be an inclusive city dedicated to fair play, or one that keeps agreements only when it's convenient," said Joe Rappaport, Executive Director of the Brooklyn Center for Independence of the Disabled, a Taxis For All Campaign member.
"Wheelchair accessible taxis are a necessary option for people with disabilities and for people who do not have or who forgot their phone. We want to ride!" said Jean Ryan, President of Disabled In Action.
"The fact that the TLC is attempting to wash its hands of this historic settlement is disappointing, but our clients are not deterred. They will keep fighting to ensure that this critical means of transportation and core component of New York City life is made accessible to all," said Chloe Holzman of Disability Rights Advocates.
"The City's response to our motion to enforce our settlement agreement is a baseless attempt to avoid their contractual obligation, and an insult to the disability community," said Dan Brown of Sheppard Mullin.
"While believing that taxi and livery fleets should be 100% accessible, we settled for 50% accessibility in 2014. The TLC dragged their feet for years only to finally declare that they were backing out of the settlement, but we will continue to demand our transportation rights," said Michael Schweinsburg, President of the 504 Democratic Club.
UPDATE: 3rd September 2024
Court Rules New York City Must Make All New Taxis Wheelchair-Accessible Until 50% of All Taxis Are Accessible
On Friday August 30th, 2024, a federal judge in the Southern District of New York denied the City's motion to free itself from its court-ordered obligation to make at least 50% of their iconic yellow taxi fleet accessible to people who use wheelchairs and granted disability advocates' motion to enforce the obligation to make at least half of its taxi fleet accessible. To do so, the Court ordered that 100% of all new vehicles affiliated with an unrestricted medallion be an accessible vehicle until the 50% requirement is met. The Court's order can be found here.
Plaintiffs, a coalition of people with disabilities including the Taxis For All Campaign, United Spinal Association, 504 Democratic Club, and Disabled In Action, and represented by Disability Rights Advocates and Sheppard Mullin, filed this class action lawsuit against the TLC in 2011. The lawsuit resulted in a historic settlement agreement requiring the TLC to make its taxi fleet at least 50% accessible by 2020. Following TLC's failure to meet its settlement obligations, the Parties negotiated an amended settlement agreement extending the timeline for TLC to comply. The parties filed cross motions earlier this year, with Plaintiffs filing a motion to enforce the agreement, and the TLC filing a motion to be relieved of its obligations under the agreement.
New York Lawyers for the Public Interest, represented by Kasowitz Benson Torres LLP, filed an amicus brief supporting the Plaintiffs' position.
In his decision, Judge George B. Daniels found that the City's failure to meet its settlement obligations injured riders with disabilities and ruled that, despite the City's claims that it was impossible to make half of its taxi fleet accessible, it could do so by requiring that all new taxis be made accessible.
"We are pleased with the court's ruling requiring that 100% of all new taxis are accessible until the 50% threshold is reached, and it is now time for the city and TLC to show a real commitment to accessibility by keeping the 100% rule in place in perpetuity," said Dan Brown, Partner at Sheppard Mullin.
"The court rightly found that there are more tools the TLC can use to increase the accessibility of its taxi fleet," said Madeleine Reichman, Senior Staff Attorney at Disability Rights Advocates. "Wheelchair users deserve to have as many opportunities to use the City's iconic yellow taxi service as non-wheelchair users."
"We are happy that Judge Daniels is forcing the TLC to meet our legally binding agreement on taxi access," said Jean Ryan of Disabled In Action of Metropolitan NY. "Wheelchair users need accessible taxis to get around our city."
"The Court was right to deny the City's attempts to get out of the settlement agreement," said Plaintiff Simi Linton. "I am confident the TLC will succeed in increasing the number of accessible yellow taxis on the street, which I am looking forward to using!"
Related Information
- New York City Taxi and Limousine Commission Sued for Lack of Accessible Taxis
- New York City Cabs - Taxpayers, Wheelchair Users and Seniors Ignored
- Wheelchair Accessible Taxis for New York City
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This quality-reviewed publication was selected for publishing by the editors of Disabled World due to its significant relevance to the disability community. Originally authored by Disability Rights Advocates, and published on 2024/02/22 (Edit Update: 2024/09/04), the content may have been edited for style, clarity, or brevity. For further details or clarifications, Disability Rights Advocates can be contacted at dralegal.org. NOTE: Disabled World does not provide any warranties or endorsements related to this article.
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