Taxis For All Campaign

In response to the January 5, 2012 Op-Ed article by Matthew Daus, "Hailing the Wrong Taxi"

To the Editor:

Matthew W. Daus doesn't pay attention to the needs and rights of people with disabilities. The new taxi legislation announced by Governor Andrew M. Cuomo and Mayor Michael R. Bloomberg last month that would put 2,000 wheelchair-accessible cabs on the streets will not only benefit wheelchair users but also aging baby boomers and returning veterans. If London can run a 100 percent accessible fleet, so can New York City.

Mr. Daus says "many disabled riders would far prefer home pickup to an uncertain wait on a corner in bad weather"; he is out of touch with a population that has been working to secure the same rights for street hails that able-bodied citizens have.

The city tried a dispatch system, as he notes, and it failed miserably. Mr. Daus now wants the city to go back into the dispatch business when it can simply require new taxis to be accessible.

The new legislation will not force taxpayers to "foot the bill" but will save them hundreds of millions by reducing demand for Access-a-Ride, the Metropolitan Transportation Authority's $462 million-a-year, $50-a-ride cost to taxpayers. Benefits-related travel made by people in wheelchairs sponsored by the Department of Veterans Affairs and Medicaid could be made at far less expense by accessible taxi than by ambulette.

Mr. Daus's failure to provide meaningful service to people with disabilities is the reason a lawsuit and legislation were required.

JAMES WEISMAN
Senior Vice President and General Counsel
United Spinal Association
East Elmhurst, Queens, January 5, 2012

LANDMARK DECISION: NEW YORK CITY TAXI AND LIMOUSINE COMMISSION'S OPERATION OF INACCESSIBLE TAXI FLEET DISCRIMINATES AGAINST NEW YORKERS WITH DISABILITIES
December 23, 2011

New York, NY � December 23, 2011 � In a major victory for wheelchair users, a Federal Court ruled today that the New York City Taxi and Limousine Commission's (TLC) operation of an overwhelmingly inaccessible taxi fleet constitutes discrimination against people with disabilities. The groundbreaking decision is the first of its kind in the country and is the culmination of over a decade of advocacy by persons with disabilities. The ruling is expected to have national implications.

Federal Judge George B. Daniels held: "[t]he acknowledged lack of meaningful access is a direct result of the policies, practices, and regulations of the TLC. The TLC's exercise of its regulatory authority alone has created the discriminatory effects on disabled riders who require the use of wheelchairs. Only the proper exercise of that authority can fix the problem that it created and neglected in the past. The disabled who seek meaningful access to taxicab services have nowhere else to turn to enforce their civil rights."

Judge Daniels further noted that "meaningful access for the disabled to public transportation is not a utopian goal or political promise, it is a basic civil right."

Judge Daniel's then ordered that "[t]he TLC must propose a comprehensive plan to provide meaningful access to taxicab service for disabled wheelchair bound passengers...Until such a plan is proposed and approved by this Court, all new taxi medallions sold or new street-hail livery licenses or permits issued by the TLC must be for wheelchair accessible vehicles."

Read the court's decision at: www.dralegal.org.

The federal class action lawsuit, which seeks no damages, was filed in January 2011 by a coalition of people with disabilities, including: United Spinal Association, Taxis for All Campaign, and Disabled In Action. Disability Rights Advocates, a non-profit legal center specializing in class action litigation, and Outten & Golden represent the Plaintiffs.

New York City has more taxis than any city in America. Yet only 232 (1.8%) out of 13,237 taxis are accessible to people who use wheelchairs. Because multiple modes of transportation, including subway stations are also inaccessible, the lack of accessible taxis has left wheelchair users with no viable way to travel in New York City. A non-disabled person is over 25 times more likely to get a taxi within ten minutes than is a person who uses a wheelchair, and the TLC admits there is no reason why it could not require that more taxis be accessible.

This decision is the first in the country in which a court has found that a city's taxi system must be wheelchair accessible. London's taxi fleet of over 19,000 cabs has been 100% wheelchair accessible for many years.

In October 2011, the United States Department of Justice took the rare step of filing a brief supporting Disability Rights Advocates' position that the Americans with Disabilities Act requires the New York taxi fleet to be wheelchair accessible.

Edith Prentiss of the Taxis for All Campaign said, "This is a great day for New Yorkers with disabilities. This ruling means that persons with disabilities will now have equal rights to taxis just like everyone else."

Plaintiff Simi Linton, Ph.D., a lifelong New Yorker and power wheelchair user said, "This is a huge victory for New Yorkers with disabilities who live in a city with few accessible transportation options. The ability to travel throughout the city in a taxi is vital for getting to work, medical appointments, and cultural events. It is particularly important at night and in emergencies."

Julia Pinover of Disability Rights Advocates said, "This decision is the best Christmas present my clients could ask for. The ruling today means that soon, New Yorkers who use wheelchairs will be able to participate in City life, in a way not possible before."

Chris Noel, an individual plaintiff who has been using a wheelchair for nearly ten years said, "I have longed for the ability to hail a taxi cab the way I used to before I became disabled and am ecstatic about this win. My job requires an extensive amount of timely travel within the city so I would use taxis almost every day if they were accessible."

Sid Wolinsky, Director of Litigation of Disability Rights Advocates said, "Mayor Bloomberg has so far been remarkably insensitive to the needs of seniors, veterans, and disabled people. He has thumbed his nose at the U.S. Department of Justice and mocked people who use wheelchairs. We hope that today's decision helps him understand that New Yorkers and tourists who use wheelchairs and scooters are also entitled to use the City's public transportation."

Jean Ryan of the Plaintiff organization, the Disabled In Action said, "This is a triumph for people with disabilities who have sought equal access to taxis for over a decade; with perseverance we have ultimately prevailed in this struggle."

Printer-friendly version of this press release
(Link opens in a new browser window)

Full legal text of Judge Daniels' decision as a PDF document
(Link opens in a new browser window)

December 23, 2011

Statement of Edith Prentiss, Chair
on U.S. District Judge Daniels's Decision in Noel et al v. TLC

Judge Daniels' decision concludes an amazing week for persons who are disabled and all those who believe in civil rights and basic fairness.

We are absolutely thrilled with the judge's ruling, which strongly supports our argument that wheelchair users deserve access to New York City's taxi system.

First, Governor Cuomo boldly negotiated an agreement that will lead to full accessibility for wheelchair users on yellow taxis and street-hail liveries, saying "it's the right thing" to do. Now, Judge Daniels has ruled that the City of New York violates the law and discriminates against wheelchair users in its regulation of the taxi system.

Judge Daniels calls for "meaningful access" to taxis for people who are disabled. Though he does not define precisely what that means, he writes:

"It is clear, however, that less than 2% of the city's fleet being wheelchair accessible, resulting in the unavailability of taxi transportation and significantly increased waiting times for disabled persons who require wheelchairs, is not meaningful access. In fact, during oral argument, the TLC conceded that its regulations do not provide meaningful access to individual who require wheelchairs. It must do so."

In a footnote, he also writes:

" meaningful access for the disabled to public transportation services is not a utopian goal or political promise, it is a basic civil right. Title II requires immediate and full compliance."

Finally, Judge Daniels rules that, until the TLC submits a plan for wheelchair-accessibility, the City can sell no non-accessible medallion or permits for yellow taxis or liveries.

We thank Judge Daniels for his wise ruling. We also thank our attorneys, Julia Pinover and Sid Wolinsky at Disabled Rights Advocates, for their unbelievable dedication and skill, and the lead plaintiffs and the other groups who were a party to this suit along with the Taxis For All Campaign.

Press Coverage on Judge Daniels' ruling

New York Times: City's Taxi Fleet Violates Disabilities Act, Judge Rules

Wall Street Journal: Judge Faults Taxi Access for Disabled

Former New York Governor David Paterson speaks
with Edith Prentiss
of the Taxis for All Campaign and Disabled In Action
on WOR radio
December 21, 2011
Listen to the 9-minute, 22-second MP3 clip
(Link opens in new browser window)
For the entire hour of Paterson's show, including his remarks on the new bill, listen to the full MP3 audio from WOR710.com

For wheelchair-accessible taxis and liveries in New York City, based upon universal design principles
December 20, 2011 6:43 PM

Statement of Edith Prentiss, Chair

Today Governor Cuomo is the catalyst in an extraordinary achievement that will finally mean a taxi system that will serve all New Yorkers and visitors.

We applaud the governor's leadership and the foresight of the Assembly and Senate in coming to this historic agreement. Finally, New York City will have the world-class taxi system that it deserves as a world-class city.

This deal will mean that people who are disabled will have the same option as every other New Yorker: the ability to travel spontaneously, quickly and easily when they are going to their jobs, to school or just out for a night on the town.

The plan to make the taxi system wheelchair-accessible is good not only for people with disabilities, though; it also is good for business, tourism and cultural and education institutions. Most important, though, it is the right thing to do.

New York City was the first city to have an accessible bus system in the 1980s. Now it continues to lead the nation as the first city to move toward a fully accessible taxi system.

Veterans, seniors and other people with disabilities�who have waited for decades for access on the city's taxis�are thrilled tonight with this agreement and thank Governor Cuomo for his skillful and principled leadership.

Provisions of the new Taxi Bill

The City may issue 2,000 new taxi medallions which will permit the addition of 2,000 yellow cabs to the New York City fleet.
All must be accessible cabs.
The City can only sell 400 of these medallions until they have submitted a plan to make taxis and liveries accessible to New York State Department of Transportation which has 60 days to review the plan.
Assuming the State approves the plan, which must be developed in consultation with interested stakeholders and the New York City Council, the remaining medallions may go on sale.
The plan will be developed during the first year after passage of this bill to address yellow cabs as they are replaced (the Governor told the New York City TLC Commissioner that he would reject any plan that did not require 100% access to yellow cabs).
The livery cars i.e. the cabs that serve northern Manhattan and the other four boroughs of New York City, which are currently prohibited from picking up street hails (unlike yellow cabs) and operate approximately 30,000 vehicles, will be sold 18,000 street hail permits. 6,000 may be sold the first year of which 1,200 must be accessible. The accessible liveries can be used for street hail and dispatch purposes.
The TLC, which is expected to raise $1 billion from the medallion sales for yellow cabs, will subsidize accessible liveries with a grant of $15,000 per vehicle for accessible livery vehicles. Up to $54 million in grants will be provided by the TLC for this purpose.
The livery street hail permit is transferable and therefore, will appreciate in value much like the taxi medallion has. Yellow cab medallions were recently sold at auction for $1 million apiece. There are only 13,000 and some were purchased for $10 during the 1930s. The livery permits will sell for approximately $1,500.

Printer-friendly version of these provisions
(Link opens in a new browser window)