NYC Taxis and More ADA Compliance

[jar546]

Accessible taxis will now become a reality for those with disabilities in New York City as the city agreed to make 50% of its taxi fleet accessible by 2020. The battle to create more accessible taxi transportation services for those with disabilities has existed for years.

In 2011, four disability advocacy groups decided to file a class-action lawsuit against the city for its failure to be in compliance with the Americans with Disabilities Act’s (ADA) policy regarding public transportation. Mayor Bloomberg’s administration had repeatedly denied being non-compliant when it came to providing appropriate accessible public transportation options to wheelchair users.
​

The agreement reached earlier this month regarding transportation accessibility outlines that half of the city’s 13,000+ yellow cabs must be accessible to people with disabilities in six years. As of the time of this article, only 231 of the city’s 13,237 in-service taxicabs are wheelchair accessible. Though the city did implement a dispatch program in June 2012 that allows wheelchair users to request the few available accessible taxis, this service alone does not ameliorate the transportation barrier that plague wheelchair users. Given the national and international appeal of the Big Apple, it is unacceptable that 1.75% of New York City’s yellow taxicabs are currently wheelchair accessible.

The Taxi and Limousine Commission will pass regulations that will require cab owners to purchase wheelchair accessible taxicabs when it is time for them to replace or retire the taxicabs that are currently in use. (Most taxicabs have a lifespan of three to five years, taking into consideration of how they are utilized.) This landmark deal demands that half of all new yellow cabs that are obtain in any given year to be wheelchair accessible, until the 50% goal is achieved.

Winning this battle for transportation accessibility is a key moment in the disability rights and advocacy movement. When disability advocates and allies band together to demand equality and justice for those with disabilities, especially when it is clearly outlined in a pivotal piece of federal legislation such as the ADA, our lawmakers cannot continue to ignore such united voices for what is right and just. New York City is not the only city in the United States where the war for appropriate transportation options has been waged. Transportation is a huge barrier that people with disabilities endure in rural and urban areas alike. Not having access to appropriate transportation options unfairly disadvantages people with disabilities when it comes to attaining educational and employment opportunities, as well as hinders their ability to become independent members within their communities.

Many people are unaware of how serious the impact of a lack of accessible transportation can negatively affect one’s quality of life and gaining the opportunities to be productive, sociable, and self-sufficient members in our society. It is erroneous to assume that policies regarding accessible transportation are being properly adhered to within our cities and towns. I urge everyone who reads this article to research the accessible transportation options in their area. If you find ADA-related compliance issues, write and/or call your local, state, and federal representatives. It is only when we bring such disparities to their attention that empowering change(s) will occur.

 

[rshuey]

They couldn't just give a small business grant to a company that would like to provide accessible taxi services? My pappy has been in a wheelchair since 1978 and he even thinks this ADA crap is nuts. We have 45 empty parking spaces at the local mall and Wal-mart. Should have just used geo-pavers there and used those ada spaces as their "green-space" too. At least they would be doing something useful.

 

[jar546]

Walmart added spaces because of requests. the problem is that in addition to HC license plates they give out those hanging placards like they are giving away free candy. I just love watching people get out of their car and walk better and faster than me to to store.

 

[rshuey]

Haha. It gets crazy sometimes. The one mall about an hour away has golf cart security parking , then ADA, then regular parking. It's awesome.

 

[MASSDRIVER]

My only question is if we agree that 20% of our population is gimped out (which I don't buy)

Why not just 20% of the fleet be made compliant?

Brent

 

[mtlogcabin]

On June 28, the United States Court of Appeals for the Second Circuit overturned a decision by the New York City district court that mandated all new city taxis be wheelchair accessible. Several wheelchair users and advocates for the disabled had filed charges against Taxi and Limousine Commission (TLC) – the licencing body of New York City taxis – for violating the Americans with Disabilities Act (ADA) by failing to ensure that all taxis are accessible. General Counsel for the United Spinal Association equated this decision to the Jim Crow laws of the South.

But inaccessible taxis are not legally a form of discrimination against people with disabilities in American culture. The rationale is that the ADA simply states that access to the service or good must not be discriminatory, not that the tools used to provide the service must be discrimination-free.

In this case, taxis are considered the tool, not the service provider. They are not a place of public accommodation like many disabled rights advocates argue that taxis are. The federal appeals court ruled that the TLC could not be held accountable for enforcing accessibility because taxis are a personal belonging.

Taxi drivers use taxicabs to provide transportation. Taxis are the means by which transportation service is provided. According to Danita Davis of Valparaiso University Law School, the contracts the taxi drivers and people with disabilities enter into are about the taxi driver promising to transport a person and his belongs to a specified place through its carrier. It is not a contract to guarantee that the carrier – the tool used to do the transporting – is accessible.

As a tool to accomplish transportation, taxis do not fall under the category of the obstacle to receiving services. But taxicabs being a tool does not exempt taxi drivers from following the ADA. The ADA Handbook specifies that taxi drivers still must comply with the ADA even if the drivers are not technically employees of a cab company. Complying with the ADA means places may not discriminate against people with disabilities and may not deny full and equal enjoyment of the goods and services afforded by the place.

Under 49 C.F.R. § 37.29 of the ADA, discrimination includes refusing to provide services to disabled people who can use taxis, refusing to assist with the stowing of mobility devices, and charging higher fares to people with disabilities or for storing their equipment.

Davis summarizes these prohibitions as preventing people from making contracts based on genetic characteristics including disabilities. This definition means that only when taxi drivers refuse to make a contract with people with disabilities do they violate discrimination laws. But this definition never states that the means to provide transportation must be accessible.

Therefore, the taxicab does not have to be accessible. The taxicab itself is not operated by the public. It is operated by the taxi driver to provide transportation services. Since Davis describes taxis as the tool used for transportation, taxis cannot be defined as the entity preventing people with disabilities from receiving transportation.

In essence, inaccessible taxis’ inability to prevent transportation services excludes them from being discriminatory. The ADA does not prohibit the tool to provide the service from being inaccessible. But perhaps if Americans extended the scope of the ADA or classified taxi services as public transportation, more taxis could be accessible.

http://www.nytimes.com/2012/06/29/nyregion/new-york-citys-taxi-system-complies-with-disabilities-law-panel-rules.html?_r=2&



Court Says Taxi System Complies With Disabilities Law

By MATT FLEGENHEIMER

Published: June 28, 2012



A federal appeals court panel ruled on Thursday that New York City’s taxi system complied with federal disabilities law, rebuffing a class-action suit brought by advocates for disabled passengers that had threatened to jumble an already uncertain future for the city’s taxicabs.



In its decision, the United States Court of Appeals for the Second Circuit overturned a District Court ruling that had called for the Taxi and Limousine Commission to provide more “meaningful access” to wheelchair users, under the Americans With Disabilities Act.

“Plaintiffs contend that the T.L.C. violates the A.D.A. because it could require more taxis to be accessible, but does not,” the ruling said.

 

[jar546]

Because now you have an equal possibility of hailing a compliant cab and it allows them to use the cabs for whatever they want (the companies). It is hard enough to hail a cab the way it is. Sometimes its not simple math like you would think. A probability and statistics professor could probably explain it well.

 

[jar546]

On June 28, the United States Court of Appeals for the Second Circuit overturned a decision by the New York City district court that mandated all new city taxis be wheelchair accessible. Several wheelchair users and advocates for the disabled had filed charges against Taxi and Limousine Commission (TLC) – the licencing body of New York City taxis – for violating the Americans with Disabilities Act (ADA) by failing to ensure that all taxis are accessible. General Counsel for the United Spinal Association equated this decision to the Jim Crow laws of the South. But inaccessible taxis are not legally a form of discrimination against people with disabilities in American culture. The rationale is that the ADA simply states that access to the service or good must not be discriminatory, not that the tools used to provide the service must be discrimination-free.

In this case, taxis are considered the tool, not the service provider. They are not a place of public accommodation like many disabled rights advocates argue that taxis are. The federal appeals court ruled that the TLC could not be held accountable for enforcing accessibility because taxis are a personal belonging.

Taxi drivers use taxicabs to provide transportation. Taxis are the means by which transportation service is provided. According to Danita Davis of Valparaiso University Law School, the contracts the taxi drivers and people with disabilities enter into are about the taxi driver promising to transport a person and his belongs to a specified place through its carrier. It is not a contract to guarantee that the carrier – the tool used to do the transporting – is accessible.

As a tool to accomplish transportation, taxis do not fall under the category of the obstacle to receiving services. But taxicabs being a tool does not exempt taxi drivers from following the ADA. The ADA Handbook specifies that taxi drivers still must comply with the ADA even if the drivers are not technically employees of a cab company. Complying with the ADA means places may not discriminate against people with disabilities and may not deny full and equal enjoyment of the goods and services afforded by the place.

Under 49 C.F.R. § 37.29 of the ADA, discrimination includes refusing to provide services to disabled people who can use taxis, refusing to assist with the stowing of mobility devices, and charging higher fares to people with disabilities or for storing their equipment.

Davis summarizes these prohibitions as preventing people from making contracts based on genetic characteristics including disabilities. This definition means that only when taxi drivers refuse to make a contract with people with disabilities do they violate discrimination laws. But this definition never states that the means to provide transportation must be accessible.

Therefore, the taxicab does not have to be accessible. The taxicab itself is not operated by the public. It is operated by the taxi driver to provide transportation services. Since Davis describes taxis as the tool used for transportation, taxis cannot be defined as the entity preventing people with disabilities from receiving transportation.

In essence, inaccessible taxis’ inability to prevent transportation services excludes them from being discriminatory. The ADA does not prohibit the tool to provide the service from being inaccessible. But perhaps if Americans extended the scope of the ADA or classified taxi services as public transportation, more taxis could be accessible.

http://www.nytimes.com/2012/06/29/nyregion/new-york-citys-taxi-system-complies-with-disabilities-law-panel-rules.html?_r=2&



Court Says Taxi System Complies With Disabilities Law

By MATT FLEGENHEIMER

Published: June 28, 2012



A federal appeals court panel ruled on Thursday that New York City’s taxi system complied with federal disabilities law, rebuffing a class-action suit brought by advocates for disabled passengers that had threatened to jumble an already uncertain future for the city’s taxicabs.



In its decision, the United States Court of Appeals for the Second Circuit overturned a District Court ruling that had called for the Taxi and Limousine Commission to provide more “meaningful access” to wheelchair users, under the Americans With Disabilities Act.

“Plaintiffs contend that the T.L.C. violates the A.D.A. because it could require more taxis to be accessible, but does not,” the ruling said.

The above post is old news. The OP is from today's news.

 

[mtlogcabin]

So is it a result of a higher court overruling the Second Circuit or just an agreement between the city and the advocacy group. The article you posted does not mention it is a court ruling.

About $10,000 per van to make accessible. I see a increase in fees coming soon.

 

[conarb]

A couple of years ago I had to have the supercharger rebuilt on my car and it was going to take about two weeks to remove it, ship it to the manufacturer, allow them time to rebuild it, ship it back, and reinstall it. I am a cigar smoker and started calling car rental agencies to rent a smoking-allowed car. I was told by all that California considered all rental cars to be public accommodations and they had no smoking-allowed cars, even Rent-A-Wreck. I thought of telling them that I was addicted to cigars, that was a disability, and I was being discriminated against, but decided that I could live for two weeks without a cigar while driving. If a mentally ill person is considered by law a disabled person, why not smokers?

 

[mtlogcabin]

Interesting finding. Looks like NY was controlling in lieu of regulating a business which resulted in the decision

The Government recognizes that the mere issuance of

medallions or licenses by a city to private taxi companies, and implementing regulations

governing the operation of licensed taxicabs, may not be sufficient to subject a public entity to

the requirements of Subtitle B of Title II. It is the extent of TLC’s control of New York City’s

taxicab fleet that demonstrates that the New York City taxi system is operated, rather than

merely regulated, by the TLC. Of particular note is the fact that the medallion holders are not

free to choose the type of vehicle they purchase, and that the “Taxi of Tomorrow” selection is

being made by the TLC, not the individual medallion holders. That level of control, combined

with the many other TLC rules described herein and the incorporation of the taxi system into the

City’s Charter, demonstrates that New York City’s taxis services are operated by the TLC within

the meaning of Title II.

 

[jar546]

Interesting finding. Looks like NY was controlling in lieu of regulating a business which resulted in the decision The Government recognizes that the mere issuance of

medallions or licenses by a city to private taxi companies, and implementing regulations

governing the operation of licensed taxicabs, may not be sufficient to subject a public entity to

the requirements of Subtitle B of Title II. It is the extent of TLC’s control of New York City’s

taxicab fleet that demonstrates that the New York City taxi system is operated, rather than

merely regulated, by the TLC. Of particular note is the fact that the medallion holders are not

free to choose the type of vehicle they purchase, and that the “Taxi of Tomorrow” selection is

being made by the TLC, not the individual medallion holders. That level of control, combined

with the many other TLC rules described herein and the incorporation of the taxi system into the

City’s Charter, demonstrates that New York City’s taxis services are operated by the TLC within

the meaning of Title II.

I agree, it makes sense to me which may not say a lot.

 

[jar546]

A couple of years ago I had to have the supercharger rebuilt on my car and it was going to take about two weeks to remove it, ship it to the manufacturer, allow them time to rebuild it, ship it back, and reinstall it. I am a cigar smoker and started calling car rental agencies to rent a smoking-allowed car. I was told by all that California considered all rental cars to be public accommodations and they had no smoking-allowed cars, even Rent-A-Wreck. I thought of telling them that I was addicted to cigars, that was a disability, and I was being discriminated against, but decided that I could live for two weeks without a cigar while driving. If a mentally ill person is considered by law a disabled person, why not smokers?

One word, "Choice"

 

[JPohling]

I will continue to derail............... so by this logic you only need a couple accessible elevators in a high rise. The disabled just need to wait until by chance one is called to their floor. and wait and wait and wait. oops not that one. let me push that button again.

 

[conarb]

I will continue to derail............... so by this logic you only need a couple accessible elevators in a high rise. The disabled just need to wait until by chance one is called to their floor. and wait and wait and wait. oops not that one. let me push that button again.

Just like when I drive into a full parking lot and the only available parking spaces are blue, I "... wait and wait and wait. oops not that one" as a car backs out and the space is blue too. I was waiting in a parking lot once with an attorney friend, he said: "Look at all the gimp slots, and not a gimp in sight." The law is fostering a lot of hate towards the truly handicapped, just to line the pockets of those exploiting them.

 

[JPohling]

just ignore those spaces, you are not entitled to use them. park farther out and walk. dont park in the mothers with children spaces either.

 

[High Desert]

Walmart added spaces because of requests. the problem is that in addition to HC license plates they give out those hanging placards like they are giving away free candy. I just love watching people get out of their car and walk better and faster than me to to store.

In Oregon you can get the placard for other conditions such as, heart conditions, bowel disorders and other conditions that are not mobility issues. So they don't necessarily have to be in a wheelchair or use a walker.

 

[conarb]

dont park in the mothers with children spaces either.

What the Hell are those?"

In Oregon you can get the placard for other conditions such as, heart conditions, bowel disorders and other conditions that are not mobility issues.

Same here, I actually had a California temporary red placard for 90 days, after cancer radiation I had such horrible bowel problems that I was constantly pulling into gas stations even parking on sidewalks to get to a bathroom. When it expired the doctor tried to get me to take a permanent blue one and I refused, no one is going to placard me as inferior, I'm 78 years old, still working and paying my own way, as soon as I become a leech on society I don't deserve to be here anymore.

 

[JPohling]

Several retailers have installed mothers with children spaces adjacent to the accessible spaces. These are also right next to the carpool spaces that are now required. About that temporary placard, did you use it for those 90 days? was it beneficial?

 

[MASSDRIVER]

Running out of room for "Fatta55es that can barely move" spaces. Pretty soon all normal people will be relegated to backlot parking.

And the mothers with children can pound sand. Walking is good for them, helps to keep that boom boom from blowing out of proportion.

Brent

 

[Msradell]

Just like when I drive into a full parking lot and the only available parking spaces are blue, I "... wait and wait and wait. oops not that one" as a car backs out and the space is blue too.....

The same problem exists for those of us that need to use handicapped spaces we often arrive in one isn't available. Especially in our case because we need one that is van accessible so we can put down the ramp of the van for my wheelchair to exit. Not only did we have to contend with people who don't even have handicapped parking placards or place but we also have to contend with people who have them but don't need the van spaces but take them anyway since they are closer! It gets frustrating but we deal with it, something maybe you should learn how to do.

 

[Mech]

We have stork parking (expectant mothers parking) at the local big box grocery store and there are four "Reserved Parking Specialist of the Month" spaces at the big box building supply store. One day when I went shopping, all four spaces were vacant and I thought "Hey, I am decent at parking my car;" so I used the reserved spot.