New York, NY – A federal appeals court struck down a ruling Thursday that would have required New York City to give taxi licenses only to vehicles that are wheelchair accessible — disappointing disability advocates upset that fewer than 2 percent of city cabs can accommodate wheelchairs.
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The 2nd U.S. Circuit Court of Appeals ruled Thursday that the Americans with Disabilities Act doesn’t require the city to demand that cabbies serve the disabled. Instead, the court ruled, in this case the ADA only bars the city Taxi & Limousine Commission from discriminating against disabled people seeking a license to drive a cab.
The law “prohibits the TLC from refusing to grant licenses to persons with disabilities who are otherwise qualified to own or operate a taxi,” the justices wrote. “It does not assist persons who are consumers of the licensees’ product.”
The decision was a blow to disability advocates, who had heralded the lower court ruling that declared access to such services “a basic civil right.”
“We’re disappointed. But this is Round One of what is likely to be a lengthy battle on many fronts,” said Sid Wolinsky, director of litigation for Disability Rights Advocates, which represented some of the plaintiffs.
Wolinsky argued his group could still ultimately win the lawsuit through other arguments that weren’t addressed in the appeals court ruling. But the city’s disabled residents will suffer in the interim, he said.
“What’s going to happen now is probably going to take many, many months and even years to decide,” he said. “While that happens the New York City taxi fleet is 98.2 percent inaccessible, and that’s not going to change any time in the near future.”
Mayor Michael Bloomberg applauded the decision.
“This ruling is consistent with common sense and the practical needs of both the taxi industry and the disabled, and we will continue our efforts to assist disabled riders,” he said in a statement.
The ruling’s outcome has no direct bearing on the city’s ongoing fight to sell 2,000 taxi medallions — auctions that the city is relying upon to balance its budget that takes effect July 1. All 2,000 medallions would be exclusively for wheelchair-accessible cabs, but the sales are on hold pending the outcome of a separate court challenge.
As my screen name implies, I do not live in America but rather in London, England the home of the famous “black cab” – although these days they can be painted in a variety of colours!
Every licensed London taxi is wheelchair accessible and features a host of accessibility aids. These include: wheelchair ramps, swivel seat, an intermediate step, high visibility seat panels, large coloured grab handles, low level floor lighting, intercom, a hearing induction loop and they carry assistance dogs at no extra charge.
All those facilities mean that for wheelchair users,access via the ramps allows comfortable boarding. The large, spacious interior allows the chair to be moved into the securing position where the seatbelts restraints secure the chair safely and securely. For passengers with limited mobility the swivel seat extends to the exterior of the vehicle to allow seamless movement into the vehicle. An intermediate step assists passengers with limited accessibility
to use the high visibility grab handles to enter the vehicle. Hearing aid induction loops are now standard fitting on taxis and assist passengers who have hearing impairments.