Justification for Wheelchair Accessible Private Transportation in the United States

July 17, 2008

Prepared by: Clifton Perez, M.S.W.

Systems Advocate

Independent Living Center of the Hudson valley Inc. (ILCHV)

“We should do everything possible to give people who use wheelchairs and scooters the same ability to get around town as everyone else; this bill is a good step forward towards that objective and will greatly increase the number of taxicabs that are accessible to wheelchair users. More importantly, this bill also helps us gather the information we need to expand the mandate for accessible taxicabs in the near future. - ” Council Member John Liu, Chair of the Transportation Committee NYC

“…the bottom line is that persons with disabilities have the absolute right, as do people without mobility impairments, to spontaneously arrange transportation to and from work, shopping, the theater or anywhere they need to go in their lives.  While public transportation can offer this to some, it is appropriate that the livery and taxicab industries join public transportation in becoming part of a truly comprehensive transportation network that offers this needed service to persons with disabilities.” - The former Chairperson of the New York City Taxi and Limousine Commission, Diane McGrath-McKechnie

The lack of wheelchair accessible private transportation in the United States of America is not a lack of available technology or comparable cost as a Crown Victoria (common vehicle used by a majority of Taxi Companies) but a lack of political foresight. Until legislation passes that mandates a conversion to wheelchair accessible & Universal Design vehicles, the private transportation industry will resist the change, just as the auto industry resisted seat belts, air bags, and fuel economy requirements.

This unnecessary and discriminative practice has galvanized many New York State disability advocates to take action, culminating in the drafting of a statewide legislation to remedy this injustice. The first step to address this unfairness began in New York City with encouragement from a number of local elected officials in late 1996, United Spinal Association and Disabled in Action joined with representatives of the 504 Democratic Club and New York Lawyers for the Public Interest to form the Taxis for All Campaign (TFAC) coalition. In subsequent years, the Disabilities Network of New York City, the New York City chapter of the National Multiple Sclerosis Society, the Center for Independence of the Disabled in New York, and the Anti-Discrimination Center of Metro New York joined the TFAC. Unfortunately, the mayor and the New York City Taxi & Limousine Commission (TLC) ignored these pleas calling for wheelchair accessible vehicles and moved ahead in 1996 with the purchase of 400 new yellow taxi medallions without any wheelchair-accessibility requirements whatsoever.

Currently, many wheelchair users are limited to expensive medical transportation for trips that cost other non-disabled citizens far less. This practice unnecessarily increases the costs of Medicaid, which is used to pay ambulettes to transport wheelchair users to their medical appointments. Furthermore, it is unfair, unjust and contrary to the spirit of the Americans with Disabilities Act (ADA)’s integration mandate – as well as – undermining the Supreme Court’s 1999 Olmstead Decision.

In several cities, accessible taxis have been providing ADA paratransit service under contract. Some taxicab companies have accessible taxicabs in operation because they have contracts to provide complementary ADA paratransit services and operate the cabs in taxi service when not in contract services.  Similar agreements exist in Buffalo, Cleveland, Albuquerque, Houston, Montgomery County, Baltimore and San Jose.

On June 18, 2008 the Government of the District of Columbia, Office of Disability Rights, put out a Press Release:

ACCESSIBLE TAXICABS WILL BE AVAILABLE
TO WHEELCHAIR USERS FOR FIRST TIME

Three Companies Receiving Funding to Provide 21 Wheelchair Accessible Taxis in the District

Until now, wheelchair users have not been able to rely on the 5,700 taxis available in the District, since none is wheelchair accessible.  With the new funding, three taxicab companies will provide 21 wheelchair accessible taxicabs. 

“Residents and visitors in the District have been asking for wheelchair accessible taxicabs and now we will be able to meet that need.  In a city that relies heavily on taxi service, these taxis will mean greater freedom for people with disabilities.”
Eve Hill, Director of the DC Office of Disability Rights.

The purchase of these vehicles is possible due to the New Freedom programs of the Federal Transit Administration (FTA).  Approximately, $1 million in federal funding have been allocated, bolstered by almost $200,000 in funding from the DC Taxicab Commission.  The three taxicab companies, Yellow Cab of DC, Liberty Cab, and the Mohebbi Group will offer seven accessible taxicabs each.  A proposed centralized dispatch system will also be funded allowing passengers needing a wheelchair accessible taxi to call one number and the closest available cab will be dispatched.

These wheelchair accessible taxicabs will begin to make their initial appearance in the District as early as January 2009.

Taxis in London have been accessible for years, with a transition starting in 1989. Nearly two decades later – despite passage of the world’s first Civil Rights Law to end discrimination based on disability – many of our American citizens with a variety of disabilities are still encountering discrimination by our private transportation industry. It is long past due for our great country to afford wheelchair users and other citizens with mobility impairments the same basic opportunity to get around our nation.  In August of 2000, in response to interest in the status of accessible taxi service, the Taxicab, Limousine & Paratransit Association (TLPA) compiled information on accessible taxicab services in the U.S.  Since the TLPA completed its national overview, additional accessible cab services have become known.

Yellow Cab Service Corporation of Coach USA

TLPA member Frank Genovese, President and CEO of Yellow Cab Service Corporation (a Coach USA subsidiary), Houston, TX, reports that their company, which operates in many cities, has embarked on the largest wheelchair accessible taxicab market test ever to be carried out. The study showed that a sizable population utilizing various mobility aids – including powered wheelchairs - and just people whom need curb-to-curb taxi service have not been getting the service they need in many cities.
The corporation is currently testing wheelchair-accessible taxis in seven markets: Kansas City, MO; Indianapolis, IN; Denver and Colorado Springs, CO; Austin and Houston, TX; and Clearwater, FL.  It is clear that taxicabs and other private transportation providers represent a personal travel option. Yet when it comes to honoring the equal access intent of the first antidiscrimination law in the world - Americans with Disabilities Act America’s private transportation industry comes up woefully short.

What is the ADA and why are taxicabs affected?

On July 26, 1990, the Americans with Disabilities Act (ADA) became law, paving the way for accessible public and private transportation for people with a variety of disabilities.  The ADA protects the Civil Rights of people with disabilities and maximizes their access to employment, Public Accommodations (such as restaurants, hotels, theaters, doctors' offices, pharmacies, retail stores, museums, libraries, parks, private schools, and day care centers), telecommunications - and public and private
transportation.

However, for the most part, neither the governmental entities - Title II of the ADA - nor private business entities (Public accommodations) - Title III of the ADA - have taken the initiative on their own and said: "Congress has proclaimed that the ADA is a Civil Right, and of course we will do the right thing and make our facilities and programs accessible, including private transportation."  Unfortunately – eighteen (18) years have passed since the signing of the ADA into law - and the private transportation industry in this country has not taken the initiative to enhance their transportation service to maximize accessibility for all citizens.

According to the ADA's requirements, private companies primarily engaged in the business of transporting people (including taxicab companies) are not required to acquire accessible vehicles when they purchase or lease used vehicles.

The 10th U.S. Circuit Court of Appeals affirmed summary judgment for several cab companies.

The companies' use of previously owned vehicles exempted them from the requirement to make these vehicles ADA compliant.

Under Title III, a private entity providing public transportation engages in discrimination by not providing wheelchair accessible vehicles! However, the loophole under Title III of the ADA is the use of the word “new”. The term "new vehicle" means a vehicle that has not had prior use. It is not defined as all vehicles manufactured since the effective date of the ADA.

Summary:  An individual and a nonprofit corporation sued the cab companies, alleging they violated Title III of the ADA by not providing equal service to powered wheelchair users. The plaintiffs alleged the companies had a mandate to provide such service since they were using new vehicles. The plaintiffs argued the term "new vehicle” meant a vehicle manufactured after the effective date of the ADA, The companies argued "new” meant a vehicle that had no prior use.

Given that they were using vehicles that were previously used; the companies argued their services complied with the requirements of the ADA. The 10th Circuit confirmed the lower court's decision agreeing with the company’s definition. Recognizing that the ADA does not require all accommodation at any cost for all disabilities, and considering the ordinary use of the word “new”, the 10th Circuit ruled Congress did not unmistakably intend “new” to include all vehicles manufactured after the effective date of the ADA.

Finding the ADA unclear as to the meaning of this term, the 10th Circuit examined relevant Department of Transportation regulations. These regulations define a "new vehicle" as one that is offered for sale or lease without any prior use. This definition, using the ordinary meaning of "new," was not arbitrary, capricious or contrary to the statute.

These regulations were entitled to deference because Congress explicitly vested the Secretary of Transportation with authority to issue regulations implementing the ADA sections applying to transportation. The DOTs definition was also consistent with the Architectural and Transportation Barriers Compliance Board's definition of a new vehicle.

The 10th Circuit concluded that if the companies' exploited this definition, the plaintiffs had to seek a remedy from Congress, not the courts.  Hence, this proposal.

The purpose of this proposal is to encourage support from our Congressional Leaders for legislation that would provide much needed transportation options for Americans with disabilities. As stated above by the 10th U.S. Circuit Court of Appeals, Legislation is required to fulfill the intention of the ADA. 

Many cities around the country presently provide wheelchair accessible taxicab services.  Chicago, San Francisco, Boston, Los Angeles, Las Vegas, Cleveland, Houston and as already stated, the District of Columbia, just to name a few.  This growing trend is spreading throughout the nation, clearly demonstrating the need and desire for wheelchair accessible vehicles.  If wheelchair users had access to wheelchair accessible private transportation anywhere they lived, the transportation opportunities for the elderly, veterans and people with disabilities would be greatly improved and it will contribute to the enhancement of community living.  What we need is bold legislation requiring a percentage of livery service in the United States to be wheelchair accessible. 

In the more rural areas of our nation where there are no Paratransit services and limited bus service, wheelchair users are especially in need of wheelchair accessible taxi services. Wheelchair users should have all the transportation options available to non-disabled persons.       Are we not trying to enhance community living as indicated by the Olmstead Decision and the Americans with Disabilities Act? If our own citizens utilizing power wheelchairs and other mobility aids do not have the same choices as everyone else in terms of accessing private transportation services, then the complete fulfillment of the ADA and the 1999 Supreme Court Olmstead Decision will not be realized.

Benefits of Wheelchair Accessible Taxicabs

• Independence:  Disabled consumers, veterans and seniors no longer will need to be dependent on family members or friends to take them where they choose to go or wait until family members are available. This also frees family members and friends from one caretaking responsibility that should not be needed. Are we not trying to maximize independence and individual choice?
  
  
• Wheelchair Accessible Taxis: First, taxi service operates just about everywhere. In large urbanized areas, taxi service is recognized as an integral part of the local public transportation network; at the same time, taxi service is available in many suburban communities and even in bigger towns in rural areas, often providing feeder service to commuter and public transit stops, or simply taking you where you need to be. Access to such a service will provide choice, such as the rest of the population already has access to, and it will be much faster than buses.  Going to multiple places can be exhausting using buses and disability or senior bus and van services. 
  
  
• Seniors and disabled consumers can be spontaneous!  Taxi service is spontaneous. Taxis are the originators of curb-to-curb service. Call your local “Yellow Cab Company” and within a short period, your taxi arrives at your curb. No more, advance planning your life and no more making reservations one to fourteen days ahead of time. In a few progressive communities, taxi service - some wheelchair accessible and some not - is already in use to meet some ADA paratransit demand. This fact leads inevitably to the possibility that broader use of wheelchair-accessible taxi vehicles might significantly reduce local ADA paratransit costs, as well as significantly reducing Medicaid transportation service expenditures.  In order to plan a trip with Paratransit transportation, you must schedule your trip far in advance.  Accessible Taxis are available as easily as phoning for one on the same day.
  
  
• Taxis go anywhere, anytime: Paratransit only runs at times and days the regular bus going to the destination would run.  Holiday and weekend service may be limited or non-existent.
  
  
• Employment: The primary purpose of taxi service in communities large and small is transportation to and from work. A recent study shows that inadequate transportation service continues to have a negative affect on over six million Americans with disabilities. Significant growth in the number of wheelchair-accessible taxi vehicles in the years ahead may make it easier for workers with disabilities to enter the labor force, or to return to work.
  
  
• Taxis are for everyone!  It is difficult to qualify for paratransit service and it does not go everywhere! The development in recent years of the “mobile” society on this continent has benefited the taxi industry in many ways. Taxis move travelers to and from airports more now than ever before. In addition, taxis serve the traveling public more than at any other time to get around popular tourist destinations. The addition of greater numbers of wheelchair-accessible cabs in North American cities and towns will enable persons with disabilities—young and old—to travel more easily for business or for pleasure.

The Future: The development of plans for energy efficiency and wheelchair accessible vehicles is the future!  A campaign to address environmentally friendly and Universal Design within the private transportation Industry - is already on the drawing board.  According to Assemblymember Micah Z. Kellner, (NY) in his July News: … “In a meeting with TLC Chairman Matthew Daus last November, I was pleased to learn that the TLC is working on the development of a fully-accessible, fuel-efficient taxicab, dubbed the “Taxi of Tomorrow.” 

At a time when we must attend to energy efficiency in our automotive industry, why not simultaneously maximize the availability of wheelchair accessible vehicles within the private transportation industry, by requiring a percentage of their fleet to be wheelchair accessible. 

As Assemblyman Micah Z. Kellner stated:

”There is no reason for our environmental goals to be in conflict with our accessibility goals. Our taxis can be accessible and green.” … “This fall, I plan to introduce legislation to mandate that all taxis in New York City be accessible by 2014.  This would not require any extra expenses on the part of the taxi owners because when a non-accessible vehicle comes off line (the City requires their regular replacement), it would simply be replaced by a new, accessible and green one.   My bill will provide a comprehensive framework for “accessibility” that goes beyond wheelchair access to include other accessibility and safety components for the hard of hearing and the visually impaired.” 

Universal Design – the way of the future – will provide automobiles that will be easier to board by people with a variety of disabilities, parents with baby carages and other mobility aids, not just for wheelchair users.

There is also a company called “Standard Taxis” who will be introducing a newly Universally Designed and wheelchair accessible vehicle (September 2009) that will be available as a taxicab, right out of the factory for the same cost of a Crown Victoria. This new vehicle will also run on Natural Compressed Gas, which is more energy efficient and produced in America. A relationship to provide free installation of Natural Compressed Gas has already been established so that, wherever Standard Taxis go, so will the needed pumps for the Natural Compressed Gas.  It seems clear that this forward planning – that of the TLC’s own “Taxi of Tomorrow” & Standard Taxis initiative - will undoubtedly stimulate manufacturers to find solutions combining clean air goals with Universal Design. Another enterprise is, Ford’s Transit Connect, which is fully wheelchair accessible and is twice as fuel efficient as the Crown Victoria. This vehicle will also be ready by September 2009. 

So, will we continue to discriminate against our own American citizens, exclusively because they are unable to transfer from their wheelchair seat to another seat? This is not a lack of the availability of cost effective wheelchair accessible and technologically fuel-efficient vehicles, but a lack of political initiatives.  Until legislation passes that requires a modification to Universal Design & wheelchair accessible vehicles, the private transportation industry will resist the change, just as any established system has - and will continue to resist change.

In order to assure the development and passage of legislation anticipated by this proposal, it is essential that our Congressional Leaders, all stakeholders - including the transportation industry, disability community and government to join with us in support of a nationwide legislation to ensure equal access to taxis, limousines, shuttle services and other private transportation services.  Such an action is not without precedent. Federal, state, and local government regulation currently provides safety, access and price controls within the taxi industry. Requiring equal access to livery and shuttle services for those using mobility devices is no different than government limiting the age of a vehicle that can be used, the fee that can be charged or stating that no private transportation company or operator may discriminate against serving passengers based on their race, religion, sex, ethnic origin, or disability.  Equal access to America’s private transportation fleets is a matter of fundamental fairness whose time has been long over due!