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Taxis For All Campaign News Blog

Thursday, May 26, 2011

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

Taxi cab
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."

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Thursday, May 7, 2009

Hailing Cabs from a Wheelchair
By Edith M. Prentiss
From this month's issue of Able Newspaper (May 2009)

We’ve all read and written about the problems with the lack of wheelchair accessible taxis in New York City. The Taxi for All Campaign has fought for almost fifteen years to rectify the problem. TFAC was the impetus for failed intros in the City Council that would have required a gradual transition of the fleet to accessible as vehicles are replaces, every few years. Instead of seriously pursuing wheelchair accessible taxis, the City opted for clean air hybrid taxis. The minor increase in the number of accessible taxis has been achieved solely by selling medallions restricted for accessible taxis. Without a transition program, the percentage of accessible taxi is contingent upon the continued sale of medallions.

But for the GOOD news: in early March, I was rushing from PT on 218th St to a meeting at the Lower East Side Tenement Museum (Orchard & Broome). I planned to wheel down Broadway to 207; take an A train to West 4th. take a M21 across Houston to Allen and finally wheel to Broome. Taking buses on Broadway and Allen were possibilities but only if buses were at the stops. As I waited for the M21, the threatening skies opened. Before I got soaked, miracle of miracles, an empty accessible cab turned from 6th Ave. I threw my air in the air and yelled TAXI! The cab stopped and I wheeled in. It had been 17 years since I hailed a yellow cab! I was so excited, I spent the trip calling friends.

A few weeks, I had to go from Washington Heights to 116 St and Fifth Ave early in the evening. The A train would have taken me to 125 and St Nicholas which is a good wheel or a bus. The M4, being the only bus that crosses 110 St from Broadway, is a nightmare then. My choice was a M98 and wheel from Lexington Ave. Several M4s past but not the scheduled M98, and then there was an accessible taxi. Again, up flew my arm and the cab stopped. I’d always been concerned about rear entry cabs. But it was no harder than bumping off the curb when a bus stops in the street. The driver dropped me at a driveway and I easily wheeled onto the sidewalk.

Interestingly enough, Access-A-Ride is trying to use the Central Dispatch System, which we’re transferred to from 311, when a wheelchair users’ regular AAR trip fails. But AAR has experienced the same frustrations as regular callers, which is that there are simply not enough accessible taxis and since accepting trips from Executive is voluntary, not enough taxis are signing on to accept trips for wheelchair users.

Only a fully accessible fleet will resolve these problems! But there is still the problem of inaccessible black cars and liveries for those where taxis don’t cruise. A few street hails do not indicate the problem is over. TFAC has a long fight yet!

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