By Sheila Anne Feeney

Link to original content:
http://www.amny.com/urbanite-1.812039/city-facing-double-legal-woes-for-wheelchair-unfriendly-taxis-1.2901108

Photo credit: Courtesy of City of New York

The "taxi of tomorrow" is turning into the nightmare of today for the Taxi and Limousine Commission.

On Tuesday, a judge nixed the City's attempt to dismiss a lawsuit to invalidate its selection of the Nissan NV200 – which is not wheelchair accessible -- by a leading civil rights group. The group, Disability Rights Advocates, can now proceed in its legal effort to stop the city from ordering a custom-created vehicle that cannot accommodate people in wheelchairs.

"It's an issue that's not being solved politically, so I'm thrilled that we have the avenue to address it in courts," said Julia Pinover, supervising staff attorney for DRA New York City.

"We are confident that we will prevail once the full merits are heard," countered Connie Pankratz, deputy communications director for the NYC Law Department.

The ruling by U.S. District Court Judge George Daniels in Manhattan came a day after taxi medallion owners began receiving letters from the Department of Justice, indicating that a federal investigation was underway as to whether the city is in violation of the Americans with Disabilities Act.

A spokesperson for the U.S. Attorney, which deals with DOJ complaints locally, said it is office policy not to discuss, or even confirm, investigations, but Gabriel Taussig, chief of New York City's Administrative Law Division, acknowledged the probe while expressing confidence that the feds would "reach the same conclusions that we did."

The federal investigation was triggered by a March 29 complaint sent by Assemblyman Micah Z. Kellner, D., Manhattan, to the U.S. Department of Justice. He fired off another blistering missive to the U.S. Attorney this week, alleging, among other things:

• That allowing able-bodied citizens to hail one of 13,237 cabs via a "demand responsive" system while requiring the city's 60,000 wheelchair-bound citizens to summon one of only 232 accessible cabs via a dispatch service constitutes "a completely separate and unequal transportation system."
• That wheelchair users have to wait an average of 34 minutes for cabs after calling for one, whereas it took a person in the street 5.4 minutes to hail a cab in midtown in one 2001 study. Waiting seven times longer "proves that this system does not meet the equivalent response time" requirements in the ADA, said Kellner.
• That it is not clear if the city's plan "is even viable" due to user fees the TLC plans to impose on medallion owners to support the dispatch service.

Pankratz countered that even though the ADA "specifically exempts taxicabs" from any requirement that they be accessible to people with wheelchairs , the TLC is developing a program that constitutes "equivalent service."

Advocates have said the ADA exemption for taxicabs is intended to apply only to cities where everyone uses dispatch services for cabs.

A TLC spokesman previously told amNY that a Nissan NV200 version that is wheelchair accessible would add $14,000 to the $29,000 vehicle. But Pinover said yesterday that the city has enough leverage, given the size of its order, to have the cars modified for as little as an additional $3,000.

While 1.8% of today's fleet is wheelchair accessible (medallions for accessible cars cost less) the owners of conventional vehicles can volitionally decide to "hack up" their cars to make them accessible. "Out of the whole 13,000, only one person has chosen to do that," said Pinover.

Pinover said "it would not be prudent" to proceed with the Nissan contract, given the Department of Justice investigation and her group's pending litigation. Pankratz said the city is free to "continue with the process."

Labels: Taxis For All Campaign, TLC

Tuesday, May 24, 2011

Link to original content:

http://www.wnyc.org/articles/wnyc-news/2011/may/24/lawsuit-aims/

By Kathleen Horan

A class action lawsuit that calls for the future taxi fleet to be fully wheelchair accessible is moving forward after a judge Tuesday denied the city's request to have it dismissed.

A group of disability advocates filed the suit against the Taxi and Limousine Commission as it finalizes plans to make the Nissan NV200 the taxi model for the next decade, arguing the city is violating the Americans with Disabilities Act by having 231 wheelchair-accessible taxis on the road with more than 13,000 yellow cabs total on the road.

A lawyer for the city contended no federal or local law requires cabs to be accessible to people in wheelchairs but that the city was moving forward with a dispatch system for disabled. She requested the case be dismissed, but Federal Judge George Daniels denied it.

"The city is constantly imposing requirements on taxis," said James Weisman with the United Spinal Association, one of the plaintiffs, "all they'd have to say is new cabs have to be accessible and it solves the problem."

About a dozen disabled New Yorkers held signs expressing frustration about not being able to hail and roll into any random taxi outside the hearing.

Judge Daniels ordered that both sides in the case move forward with the discovery phase before appearing before him again in August.

Labels: TLC

By MICHAEL M. GRYNBAUM
Published: May 23, 2011

Link to original content:

http://www.nytimes.com/2011/05/24/nyregion/us-inquiry-into-wheelchair-access-in-new-york-taxis.html?_r=1

The United States attorney's office in Manhattan has opened an investigation into whether the lack of wheelchair-accessible taxicabs in New York City amounts to a violation of parts of the Americans With Disabilities Act.

The investigation, revealed on Monday in letters mailed to city lawyers and owners of taxi medallions, could result in the federal government's bringing a civil case against the Taxi and Limousine Commission, which regulates which vehicles can be used as taxicabs.

Taxicab owners are not required by the city to operate vehicles that are accessible to the disabled. The Nissan NV200, the minivan chosen by the city as its exclusive yellow cab for the next decade, will not provide access either.

Federal lawyers are conducting "a thorough evaluation" of whether this complies with the disabilities act, which prohibits local governments, or private groups that provide public transportation services, from discriminating against the disabled, according to the letter sent to medallion owners.

The issue attracted the attention of federal lawyers after Assemblyman Micah Z. Kellner filed a complaint in March with the Justice Department. The city responded by pointing out that it does issue medallions for wheelchair-accessible taxicabs, and that taxi officials were planning a program to arrange cab rides by telephone for the disabled.

A spokeswoman for the United States attorney's office declined to comment on Monday. Officials at the Taxi and Limousine Commission directed questions to the city's Law Department.

"We are confident that any evaluation conducted will reach the same conclusions that we did after a careful analysis," said Gabriel Taussig, chief attorney of the city's administrative law division, in an e-mailed statement.

Several medallion owners received the letter on Monday from the United States attorney, which asked how owners determine which vehicles to use as cabs and whether federal rules are taken into account.

In a brief interview, Mr. Kellner said he was glad that the government was looking into the issue. "But I'm sad we have to turn to our court system for people with disabilities' rights to be enforced," he said.

May 23, 2011 12:14 PM

Link to original content:

http://americancityandcounty.com/technology/transportation-intelligent-video-20110523/

The development of Intelligent Transportation Systems (ITS) — the use of information and communications technology to improve traffic flow and safety — is still young, but the U.S. Department of Transportation (U.S. DOT) is looking for videos that demonstrate how it is making transportation better in communities. The best overall video will be honored at the 2011 ITS World Congress in Orlando, Fla., in October.

To enter in U.S. DOT's ITS video challenge, participants must create an original video highlighting the deployment of ITS technology in their community. Videos should focus on one example of ITS deployment for any type of surface transportation, including pedestrians, bicyclists, transit, auto and freight.

Entrants should upload the video to YouTube and e-mail the URL link for the video to U.S. DOT at open@dot.gov. Entries must have "ITS Video Challenge" on the entry e-mail's subject line. The e-mail should include the name and affiliation of each team member and the non-personal email address of the team member who will serve as the main point of contact. Videos will be evaluated based on the participants' description of the ITS technology's deployment, the benefits of the ITS technology and the creativity of presentation.

Authorized travel expenses will be paid for up to four members of the winning team to attend the ITS World Congress in Orlando, Fla., on October 16-20. In addition, video entries may be recognized by the U.S. DOT through the Secretary of Transportation's "Fast Lane" blog on the U.S. DOT Research and Innovative Technology Administration website, or shown on the U.S. DOT's YouTube channel.

June 30 is the deadline to enter the contest. The ITS Video Challenge is sponsored by the U.S. DOT Research and Innovative Technology Administration, Federal Highway Administration, and Federal Transit Administration.

Read more information about the U.S. DOT's ITS video challenge.

By: Tina Redwine, NY1 reporter

Link to original content and video of segment:

http://www.ny1.com/content/top_stories/139708/judge-allows-disabled-activists--lawsuit-for-taxi-access

Advocates for the disabled won a decisive round on Tuesday in court against the city, when a federal judge refused to dismiss a lawsuit against the Taxi and Limousine Commission to make all city taxi cabs wheelchair accessible. NY1's Transit reporter Tina Redwine filed the following report.

Advocates for the disabled were rejoicing Tuesday after a federal judge refused to dismiss their lawsuit against the Taxi and Limousine Commission to make all taxi cabs wheelchair accessible.

"It's a fantastic move. Maybe in the next 12, 18 months, we'll actually be able to hail some cabs out here on New York City streets," said activist David McCauley.

Three groups, including Disabled In Action, are behind the suit.

The city points out that no federal or local law requires accessible cabs. In fact, city lawyers say the Americans with Disabilities Act specifically exempts taxicabs from the requirement.

The judge said given that less than 2 percent of medallions are issued to accessible cabs, there are grounds to take the discrimination suit to trial.

Plaintiffs say with the city pushing ahead with its so-called "taxi of the future," which they say is not accessible, the disabled will be shut out for years.

"I feel the city is being obstinate about its decision now. There is no logic to it," said James Weisman of the United Spinal Association.

City lawyers say that is not the case, as there is a version of the new taxi that will take a wheelchair, although owners will not be forced to buy it.

The city also says the TLC is developing a dispatch program for the disabled to call for an accessible cab.

Still, advocates say that is not enough.

"I work and pay taxes, I vote. So I have a right to get into a taxi just like everyone else. I think it's shameful Bloomberg doesn't see this," said activist Milagros Franco.

Both sides are due back in court on August 10.

Labels: TLC

TAXIS FOR ALL CAMPAIGN

For wheelchair-accessible taxis and liveries in New York City, based upon universal design principles

Statement of Edith Prentiss, Chair of Taxis For All Campaign,

on Rejection by Judge George B. Daniels of City's Motion

to Dismiss Accessible Taxi Lawsuit
 

May 24, 2011

"We're elated by Judge Daniels's decision—made from the bench—to reject the City's attempt to get Noel v. TLC dismissed.

Our attorneys made it clear that the City's attempts to claim that federal and state law do not apply to its regulation of the taxi system are wrong."

In his decision, Judge Daniels said he wanted to know if the TLC is taking steps that would result in "reasonable, meaningful access" for wheelchair users. He called for discovery in the case to move forward in anticipation of a conference with the plaintiffs, represented by Disabilities Rights Advocates, and the defendant—the City of New York--on August 10.

Before oral arguments, plaintiffs and other supporters in the case held a news conference outside the United States Courthouse of the Southern District in downtown Manhattan, holding signs reading, "NYC & TLC: Obey the Law" and "Taxi Roulette—1 in 57 Chance" with a picture of a roulette wheel. This is a reference to the fact that there are only 232 wheelchair-accessible taxis out of 13,237 taxis in New York City.

For more information, please contact Joseph G. Rappaport at 646-284-1078, 212-662-4449 or jgrappaport @ rocketmail.com.

By SHEILA ANNE FEENEY

Link to original content:

http://www.amny.com/urbanite-1.812039/disability-rights-group-seeks-to-halt-new-cabs-1.2885176

Photo credit: Courtesy of City of New York

A leading U.S. disability-rights group is suing the Taxi and Limousine Commission to put the brakes on the Nissan minivan heralded as the "taxi of tomorrow," amNewYork has learned.

Disability Rights Advocates, in a suit filed in U.S. District Court in Manhattan, argues that choosing the Nissan NV200 – which cannot accommodate wheelchairs - as the standard taxi cab of NYC violates city law as well as the Americans with Disabilities Act.

The group wants an injunction to halt the order of the vehicles, which are to start appearing on city streets in 2013 and will eventually number more than 13,000.

The failure to make accessibility a mandatory part of the design-competition specifications was "a profoundly mean-spirited and unwise decision," said Sid Wolinsky, director of litigation for the group.

"London has a completely accessible taxi-cab fleet," and the medallion competition represented "an extraordinary opportunity for the city of New York to have a win-win," he said.

The city rejects arguments that the new yellows cabs violate the law, and will appear in U.S. District Court in Manhattan Tuesday to file a motion to dismiss the lawsuit.

"No federal or local law requires that taxicabs be accessible to people with wheelchairs, and in fact, the ADA specifically exempts taxicabs from the requirement," said Connie Pankratz, deputy communications director for the New York City Law Department.

The advocacy group contends the exemption is only for private car services, and doesn't apply to vans such as the Nissan NV200.

The group says it filed the suit only after unsuccessfully trying to meet with TLC officials, an offer they say was rebuffed.

TLC spokesman Allan Fromberg rejected that characterization.

The city has some 60,000 wheelchair users, and an unknown number of tourists and business travelers who also rely on personal wheels.

They already face considerable obstacles in New York, because 75 percent of the subway stops are inaccessible, Wolinsky said. Most galling, he continued, is that the same Nissan van chosen by the city "comes in a version with a ramp that is fully accessible."

That version costs about $14,000 more per car, said Fromberg. The cars now cost $29,000 each.

Fromberg added that the city will be implementing a system whereby disabled people can call 311 at any time and request a wheelchair-accessible taxi. (About 1.8 percent of the current fleet is accessible.)

Calling and waiting a half hour or more is not an equivalent service, complained Goldie Willoughby, 53, of Roosevelt Island, a lawyer who uses a wheelchair: "Look at all the problems they have with Access-A-Ride! It's slow and unreliable. We want to be able to hail a cab just like anyone else."

Link to original content:
http://www.unitedspinal.org/2011/05/04/united-spinal-denounces-new-york-city-taxi-pick/

NEW YORK, NY—May 4th, 2011 – United Spinal Association responded today to the choice of the Bloomberg administration and New York City Taxi & Limousine Commission (TLC) as it failed to pick the next generation taxi that could save taxpayers hundreds of millions of dollars, as well as serve wheelchair users and the fast growing aging population.

"If this decision holds, it will be a black eye on the legacy of Mayor Bloomberg's administration as it is financially inexcusable and perpetuates discrimination against people with disabilities for the next ten years," stated James Weisman, United Spinal Association senior vice president and general counsel.

Mr. Weisman pointed out that the MTA could use wheelchair accessible taxis and greatly reduce the Access-A-Ride program that cost taxpayers $470 million dollars yearly, equivalent to the entire Metro North Budget.

The City overlooked a wheelchair- and scooter-friendly taxi made by a Turkish company, Karsan that could be made in Brooklyn employing 800 workers and chose, instead, a Nissan cab.

The New York Daily News and The New York Times reported Brooklyn Borough President Marty Markowitz, Assemblyman Micah Kellner and Public Advocate Bill DiBlasio have already called on city Comptroller John Liu to investigate the selection process, alleging a possible conflict of interest.

"The question is why overlook the needs and rights of tens of thousands of New Yorkers and countless visitors from all over the world when it would cost the City nothing, save MTA money and keep people with disabilities and seniors mobile?" added Mr. Weisman.

Mr. Weisman drafted significant portions of the Americans with Disabilities Act and pointed out that every taxi in London can accommodate wheelchair users.

Labels: TLC