TAXIS AND ACCESSIBILITY

1. TAXIS AND ACCESSIBILITY James Weisman SVP and General Counsel United Spinal Association July 24, 2012

2. Taxi of Tomorrow

3. Rights The ADA prohibits discrimination on the basis of disability, however, it exempts sedan-style taxis but requires van-style to be accessible.

4. Rights • State and local non-discrimination laws usually prohibit discrimination based on disability by proprietors of places of public accommodation including public conveyances (like taxis), however, there is no decision based on local law that we are aware of that requires taxis to be accessible. • Many jurisdictions prohibit denying rides to people in wheelchairs assuming they can transfer into the taxi and their chairs can be stowed.

5. Benefits to both wheelchair users and government Permits spontaneous travel and creates link to mass transit Reduces paratransit demand and budgets Could be used by paratransit system as less expensive alternative Reduces Medicaid (and other benefits related travel) ambulette costs NYC Non-Emergency Medical Transportation study* Why Should Taxis Be Accessible?

6. NYC Dispute For the past 15 years disability advocates in NYC (Taxis For All Campaign – TFAC) have urged NYC to require accessible taxis. NYC regulates two different taxi systems – one for Manhattan and one for the other boroughs (Bronx, Brooklyn, Queens, Staten Island). In Manhattan, yellow cabs are “hail-only”. In the other four boroughs livery cabs are “dispatch-only”. There are 13,000 yellow cabs, but only 232 are accessible. There are 30,000 livery cabs –perhaps around 20are accessible. Since the yellow cabs are hail-only the possibilities are less than 2 in 100 that a wheelchair user can hail a passing accessible cab.

7. Mayor Bloomberg • “Their [accessible taxis] suspension is much worse so the average person riding in them finds them really uncomfortable and they use a lot more gas so there’s some reasons not to do it with every cab but also if you’re in a wheelchair, its’ really hard to go out in the street and hail down a cab and get the cab to pull over and get into and so, forget about the other reasons, just for that alone, we think there’s a better ways to do it.” • “When the cabs are big enough for a wheelchair…cab drivers say that the passengers sit farther away and they can’t establish a dialogue, and they get lower tips.” • “I think one thing that is clear is people in wheelchairs can’t go out into traffic and try to flag down a cab. It just starts to get dangerous.“

8. Plaintiffs’ Complaint “By making the policy decision to maintain a taxi fleet which is 98.2% inaccessible to men, women and children with disabilities Defendants deny qualified individuals with disabilities the opportunity to participate in a service, program, or activity that is not separate or different in violation of28 C.F.R. §35.130(b)(2). Defendants, through contractual, licensing and/or other arrangements and relationships, are currently denying qualified individuals with disabilities the opportunity to participate in or benefit from the transportation services provided by Defendants and is otherwise limiting qualified individuals with disabilities in the enjoyment of rights, privileges, advantages, and/or opportunities enjoyed by others receiving those aids, benefits or services, in violation of 28 C.F.R §35.130(b)(I)(i) and 28 C.F.R. §3S.130(b)(1 )(vii).”

9. DOJ Statement of Interest “Specifically, although the Defendants are required under Title II’s Subtitle B to either ensure that all new taxicab vehicles are accessible or that equivalent alternative service is provided to individuals with disabilities, the Defendants are not complying with either option.”

10. Federal District Court Decision “The TLC must propose a comprehensive plan to provide meaningful access to taxicab service for disabled wheelchair bound passengers. Such a plan must include targeted goals and standards, as well as anticipated measurable results. Until such a plan is proposed and approved by the Court, all new taxi medallions sold or new street-hail livery licenses or permits issued by the TLC must be for wheelchair accessible vehicles.”

11. US Court of Appeals Reversal “TLC does not violate the ADA by licensing and regulating a private taxi industry that fails to afford meaningful access to passengers with disabilities.”

12. Legislation/Litigation • Proposed City Legislation • New York State Legislation* • Deal between disability community, Governor Cuomo and Mayor Bloomberg • Noel, et al v. NYC TLC • Metropolitan Taxi Board of Trade Litigation

13. NYC Dispute NYC is currently testing a dispatch program for yellow cabs in Manhattan only. No test is planned for the other four boroughs, however, the NYC Taxi and Limousine Commission (TLC) “requires” livery companies s to arrange accessible cabs – it just doesn’t happen.

14. Role of Local Government • Chicago • Washington DC • Philadelphia • New York City Are all considering or have enacted accessible taxi legislation

15. Taxi System Types Dispatch Rural Suburban Hail Only Urban Virtual Hail Uber (uber.com) HailO (hailo.com) Dispatch & Hail Hail rights for wheelchair users in mixed systems

16. Vehicle Types Dodge Caravan Toyota Sienna

17. Vehicle Types MV-1

18. Opportunity • New business opportunities for carriers (benefits related travel, paratransit contractor) • Competition for this business will reduce cost to government and create demand for accessible vehicles • Availability of used accessible vehicles

19. Additional Materials • United Spinal v. NYC TLC Complaint • DOJ Statement of Interest • Federal District Court Decision • US Court of Appeals Reversal • Senate Bill 6118A • Medicaid Transportation in NY

20. For More Information Additional materials available by visiting www.spinalcord.org and clicking on Webinar Archive jweisman@unitedspinal.org