Federal Government Joins Lawsuit Against the MTA

The Justice Department is joining an existing federal lawsuit against the MTA because the agency didn't add wheelchair access to one subway station in the Bronx during a multi-million dollar renovation.

In 2013, the MTA conducted a $27 million upgrade of the elevated Middletown Road station on the 6 line, which included new floors, walls, stairs and a wheelchair accessible MetroCard reader — but not an elevator. 

“There is no justification for public entities to ignore the requirements of the [Americans with Disabilities Act] 28 years after its passage," U.S. Attorney Geoffrey S. Berman for the Southern District of New York wrote in a statement. "The subway system is a vital part of New York City’s transportation system, and when a subway station undergoes a complete renovation, MTA and NYCTA must comply with its obligations to make such stations accessible to the maximum extent feasible.”

The group Disability Rights Advocates filed a federal lawsuit in 2016 claiming the Middletown Road station renovation was illegal for not including elevators. Organization leaders said they're not seeking money, just future compliance.

"As they continue to plan to alter or enhance various stations, they're going to have to start make those stations accessible simultaneously," said Michelle Caiola, the litigation director of Disability Rights Advocates.

The MTA said that it would be defending itself in the case, but added that it believed accessibility is important.

"The MTA and NYC Transit are committed to adding and maintaining accessibility for the century-old subway system, and working hard to do so by investing more than a billion dollars over the current five-year capital plan alone," a spokesman for the agency wrote. 

According to the MTA, 25 percent of stations are "ADA-accessible." 

Disability Rights Advocates has filed a second federal lawsuit alleging the MTA is not maintaining its elevators. They have a third lawsuit in state court that claims the system is inaccessible overall, and results in exclusion.

The MTA has the lowest rate of wheelchair accessibility of any heavy rail system in the country.