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Update:
- A New York federal judge granted preliminary approval to a class action settlement with New York City’s Metropolitan Transportation Authority (MTA) after disability rights activists alleged that NYC’s subway system is not fully accessible to disabled passengers in violation of the Americans with Disabilities Act.
- On Dec. 15, U.S. District Judge Edgardo Ramos filed an order granting early approval to the proposed settlement that would see the MTA add elevators and ramps to at least 95% of the New York City subway system’s inaccessible stations by 2055.
- The settlement would also see the MTA modify a certain number of stations every 10 years to keep the authority on track to reach the goal.
(May 17, 2019)
A class action lawsuit alleges that New York City’s subway system is not fully accessible to disabled passengers in violation of the Americans with Disabilities Act.
The Metropolitan Transportation Authority class action lawsuit was filed by Lisa Forsee, Vincent Russell, and Jean Ryan, who say they are prohibited from using the subway system to its full extent because less than 25 percent of New York City’s 472 subways stations can be accessed by people with mobility-related disabilities.
The class action was also filed by advocate organizations including Bronx Independent Living Services, Brooklyn Center for Independence of the Disabled, Center for Independence of the Disabled, New York, Disabled in Action of Metropolitan New York, and Harlem Independent Living Center.
The individuals and organizations aim to hold MTA, New York City Transit Authority, the City of New York, as well as Chief Executive Officer of the Metropolitan Transportation Authority and Andy Byford, President of the New York City Transit Authority liable for allegedly violating the Americans with Disability Act.
Forsee, Russell, and Ryan, who use a walker, a wheelchair, and a power wheelchair, respectively, say they are prohibited from fully using the subway system because the Transit Authority, Transportation Authority, and the city have not made “legally-required access improvements when they renovate stations in a way that affect their usability.”
The plaintiffs stress that the subway system is the “lifeline for both New Yorkers and visitors,” and that these inaccessibilities pose a serious inconvenience to those who wish to travel around the city.
The subway users and the organizations argue that the system is also difficult to use by people who do not have a mobility-related disability. Allegedly, the subway system’s lack of sufficient ramps and elevators make the system inconvenient for people with luggage, strollers, bags, and other cumbersome but common items.
The individuals and organizations argue 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.”
Alleging that the subway system and those in charge of it are negligent in this task, the subway system accessibility class action lawsuit argues that the Transit and Transportation Authorities have not made the subways system accessible during renovations, which is a requirement by the Americans with Disabilities Act.
One example that the individuals and organizations provide is the $26.6 million renovation initiative at Midtown Road, in the Bronx, which allegedly did not aim to make the system more accessible to those with disabilities.
The plaintiffs are represented by Michelle Ciaola and Maia Goodell of the Disabilities Right Advocates and by Daniel L. Brown of Sheppard Mullin Richter & Hampton LLP.
The NYC Subway System Accessibility Class Action Lawsuit is Forsee, et al. v. Metropolitan Transportation Authority, et al., Case No. 1:19-cv-04406, in the U.S. District Court for the Southern District of New York.
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4 thoughts onNY Transit Agency settles ADA class actions by promising to add elevators, ramps to subway stations
Add me The time i visiting New York, there are no sensible ramps to get on the train and off, and no sensible exit ramps
I am leagally blind and use a walker. I cannot maneuver . can younplease add me
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