Disabled lose lawsuit over NYC taxi access

A federal appeals court on Thursday ruled that New York City did not violate the Americans with Disabilities Actby failing to make taxis wheelchair-accessible.

A three-judge panel at the 2nd U.S. Circuit Court of Appeals in New York reversed Manhattan Federal Court Judge George Daniels' temporary injunction that had ordered the city to create a plan to improve access to taxis for the disabled. Daniels said that until he approved such a plan, any new taxi must be wheelchair-accessible.

In his December injunction, Daniels ruled that New York's Taxi and Limousine Commission had violated Title II, section A, of the Americans with Disabilities Act because the authority had an active regulatory role in maintaining and overseeing the taxi fleet.

The 2nd Circuit in March granted a request by the city to temporarily freeze the controversial order.

Thursday's opinion, by Chief Judge Dennis Jacobs and judges Amalya Kearse and Peter Hall, said the question was whether the taxi authority "denied plaintiffs an opportunity to participate in its services, programs or activities, or otherwise discriminated against them on account of a disability."

In other words, because the taxi authority was not accused of actively denying licenses to disabled drivers, it was beyond the scope of the ADA to require it to provide handicap-accessible taxis.

"Although only 231 medallions are conditioned on wheelchair accessibility, none of the medallions issued by the TLC prohibits any medallion owner from operating an accessible taxi," the opinion, written by Jacobs, said.

Sid Wolinsky, co-director of Litigation of Disability Rights Advocates, the lead plaintiff in the case, said in a statement, "This is only round one of what is certain to be a lengthy fight on many fronts over whether people with disabilities can be excluded from the use of New York taxis. Plaintiffs will vigorously pursue the claims filed under the Rehabilitation Act and under New York City Human Rights Law." He said the group has "several other lawsuits we could bring to challenge this segregated system."

More broadly, the appeals court panel concluded that the ADA, "as a whole, does not require the New York City taxi industry to provide accessible taxis."

The opinion also noted that a new taxi plan, approved by New York State, would yield over $1 billion in revenue for the city.

"We have consistently said that the TLC's practices are in no way discriminatory and are eager to move forward with our program," TLC Commissioner David Yassky said in a statement.

The case is Christopher Noel v. New York City Taxi and Limousine Commission, U.S. Court of Appeals for the 2nd Circuit, No. 12-41.

For the city: Michael Cardozo and Robin Binder, New York City Law Department, Office of the Corporate Counsel.

For the plaintiffs: Sid Wolinsky of Disability Rights Advocates.

(Published by Reuters - June 28, 2012)