On Friday, a federal judge in the Southern District of New York denied the City’s motion to free itself from its court-ordered obligation to make at least 50% of their iconic yellow taxi fleet accessible to people who use wheelchairs and granted disability advocates’ motion to enforce the obligation to make at least half of its taxi fleet accessible. To do so, the Court ordered that 100% of all new vehicles affiliated with an unrestricted medallion be an accessible vehicle until the 50% requirement is met. The Court’s order can be found here.

Plaintiffs, a coalition of people with disabilities including the Taxis For All Campaign, United Spinal Association, 504 Democratic Club, and Disabled In Action, and represented by Disability Rights Advocates and Sheppard Mullin, filed this class action lawsuit against the TLC in 2011. The lawsuit resulted in a historic settlement agreement requiring the TLC to make its taxi fleet at least 50% accessible by 2020. Following TLC’s failure to meet its settlement obligations, the Parties negotiated an amended settlement agreement extending the timeline for TLC to comply. The parties filed cross motions earlier this year, with Plaintiffs filing a motion to enforce the agreement, and the TLC filing a motion to be relieved of its obligations under the agreement.

New York Lawyers for the Public Interest, represented by Kasowitz Benson Torres LLP, filed an amicus brief supporting the Plaintiffs’ position.

In his decision, Judge George B. Daniels found that the City’s failure to meet its settlement obligations injured riders with disabilities and ruled that, despite the City’s claims that it was impossible to make half of its taxi fleet accessible, it could do so by requiring that all new taxis be made accessible.

“We are pleased with the court’s ruling requiring that 100% of all new taxis are accessible until the 50% threshold is reached, and it is now time for the city and TLC to show a real commitment to accessibility by keeping the 100% rule in place in perpetuity,” said Dan Brown, Partner at Sheppard Mullin.

“The court rightly found that there are more tools the TLC can use to increase the accessibility of its taxi fleet,” said Madeleine Reichman, Senior Staff Attorney at Disability Rights Advocates. “Wheelchair users deserve to have as many opportunities to use the City’s iconic yellow taxi service as non-wheelchair users.”

“We are happy that Judge Daniels is forcing the TLC to meet our legally binding agreement on taxi access,” said Jean Ryan of Disabled In Action of Metropolitan NY. “Wheelchair users need accessible taxis to get around our city.”

“The Court was right to deny the City's attempts to get out of the settlement agreement,” said Plaintiff Simi Linton. “I am confident the TLC will succeed in increasing the number of accessible yellow taxis on the street, which I am looking forward to using!”

Lawyers:

About Disability Rights Advocates

Disability Rights Advocates is the leading national nonprofit disability rights legal center. Its mission is to advance equal rights and opportunity for people with all types of disabilities nationwide. DRA represents people with all types of disabilities in complex, system-changing class action cases. For more information, visit www.dralegal.org.

About Sheppard Mullin

Sheppard Mullin is a full-service AmLaw 50 firm with more than 1,000 attorneys in 16 offices located in the United States, Europe and Asia. Since 1927, industry-leading companies have turned to Sheppard Mullin to handle corporate and technology matters, high-stakes litigation and complex financial transactions. In the U.S., the firm's clients include nearly half of the Fortune 100. Sheppard Mullin is proud of its history and commitment to pro bono. For more information, please visit www.sheppardmullin.com.

Parties:

About Disabled In Action of Metropolitan New York

DIA was a founding member of Taxis For All Campaign in 1996. We are an all-volunteer, nonprofit disability civil rights organization made up of people with all kinds of disabilities.

About 504 Democratic Club

504 Democratic Club is one of only three city-wide clubs; with a nonpartisan membership, (our First Vice President is a Republican) and at 40 years old the nation's first and largest club advocating for the Civil Rights of people with disabilities.

About Taxis For All Campaign

For wheelchair-accessible taxis and for-hire vehicles in New York City, based upon universal design principles.

About United Spinal Association

United Spinal Association is a disability led, national membership organization with 61,000 members, the vast majority of whom are wheelchair users.