Access-A-Ride vehicles, part of the MTA’s paratransit service, are at the center of a lawsuit seeking equal fare discounts for riders with disabilities. Photo: Jeffrey Haderthauer/AP
The New York State Supreme Court has denied a motion to dismiss the lawsuit filed by plaintiff Valerie Britt et al. against the New York City Transit Authority (MTA) and the New York City Transportation Authority (NYCTA).
The plaintiffs, who are people with disabilities who use the Access-A-Ride paratransit system, claim they have been discriminated against under the New York City Human Rights Law (NYCHRL) because the MTA has not offered them the same fare discounts as subway and bus users.
The plaintiffs alleged that the denial of fare discounts to Access-A-Ride users constituted disability discrimination and violated the NYCHRL. The MTA and NYCTA moved to dismiss the complaint, arguing that the plaintiffs’ claims were preempted by federal and state laws regulating paratransit fares.
“Most Access-A-Ride riders are economically disadvantaged and rely on Access-A-Ride to get to work, school, doctor’s appointments, and visit friends and family,” said Christopher Schuyler, managing attorney for NYLPI’s Disability Justice Program. “Extending the same discounts offered to subway and bus riders to Access-A-Ride would make a world of difference in the lives of people with disabilities who use Access-A-Ride.”
Judge Richard Tsai ruled that the ADA and DOT regulations do not preempt the NYCHRL because they only set maximum fare limits for paratransit service and do not prevent the offering of discounts. Moreover, state laws regarding paratransit fare setting do not conflict with the NYCHRL’s non-discrimination provisions.
The ruling allows the plaintiffs’ lawsuit to proceed and could result in changes to how the MTA and NYCTA handle fare discounts for paratransit riders. The lawsuit continues with a preliminary conference scheduled for September 19, 2024.
“No one should have to pay a higher fare simply because a disability prevents them from riding the bus or subway,” said Daniel Roth, senior attorney at Mobilization for Justice, Inc. “The MTA can and must stop penalizing New Yorkers because of their disability.”
The lawsuit seeks compensation for the economic damages suffered by AAR riders as a result of not receiving discounted fares. AAR riders pay $2.90 per ride, regardless of the number of rides they take or whether they qualify for reduced fares due to disability or age. Many AAR riders live on fixed incomes, so being excluded from the discount program has a significant impact.
Friday, June 21, 2024June 21, 2024 | Cloudy, 83° F