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Judge certifies Class in NY subway accessibility class action lawsuit

UPDATE:

  • Disability Rights Advocates representing the Class include Stuart Seaborn and Rebecca Rodgers; Michelle Caiola and Sidney Wolinsky are no longer with DRA

A class action lawsuit claiming that the New York subway system lacks accessibility for thousands with non-visible disabilities, such as multiple sclerosis or arthritis, has been certified by a State Supreme Court Judge this week.

The certification will cover a Class of over 500,000 people who are allegedly unable to use the NY subway system due to accessibility issues, such as a lack of elevators and ramps. The class action lawsuit contends that many of the stations are only accessible by stairway, making it impossible for many residents and tourists with mobility issues to use the cheap and convenient way to get around the city.

The lawsuit, one of three reportedly filed by the nonprofit Center for Independence of the Disabled, targets all 472 subway stations run by New York’s Metropolitan Transportation Authority (MTA). The Center, along with other advocacy organizations and individuals with disabilities, says that the subway system violates the Americans with Disabilities Act, which requires organizations to provide “full and equal access to their goods and services to people with disabilities.”

In addition, the class action accuses the MTA of violating New York City Human Rights Law.

Representatives for the Center for Independence told the Gothamist that they hope the judge’s certification of their class action lawsuit will help move the MTA toward settlement.

“It’s time that they come to an agreement that the community can rely upon. When will this source of discrimination end?” Susan Dooha, Executive Director of the Center for Independence of the Disabled New York told reporters.

The MTA has fought all three of the Center’s NY subway accessibility class action lawsuits and it would not provide a comment to Gothamist reporters about the certification. However, the MTA has formed a new Chief Accessibility Office and appointed a leader to carry out a recently paused plan to add accessible stations. This office is reportedly considering both elevators and ramps to make subway stations more easily accessed by those with disabilities affecting their mobility.

Have you faced accessibility barriers in the NY subway system? Tell us about your experience in the comment section below!

The lead plaintiffs and newly certified Class are represented by Stuart Seaborn and Rebecca Rodgers of Disability Rights Advocates, and Daniel Brown of Sheppard Mullin Richter & Hampton LLP.

The NY Subway Accessibility Class Action Lawsuit is Center for Independence of the Disabled, New York, et al. v. Metropolitan Transportation Authority, et al., Case No. 153765/2017, in the Supreme Court of the State of New York, County of New York.

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3 thoughts on500K Class Members Certified in Lawsuit Over NY Subway Accessibility

  1. Mary "Lisa" Walker Holt says:

    I am 100 percent dissabled.
    I cannot walk anymore tgan 20 feet without sottimg.
    I visted there about 1 year ago.
    The stairs were hell!
    I am also leagally blind

  2. NW says:

    I’m disable and use a wheelchair I’m from NY

  3. Gregary johnson says:

    Yes when we were visiting there

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