Heartless Proposal by MTA to Double Access-A-Ride Fares is Discrimination, Plain and Simple.

November 24, 2008




I am thoroughly disgusted with the Metropolitan Transportation Authority’s proposal to double fares for Access-A-Ride users. While the MTA is considering raising fares for able-bodied straphangers by as much as 50% (from $2 to $3); they are asking riders with disabilities to absorb an unprecedented 100% fare increase from $2 to $4.

This past weekend, I joined Manhattan Borough President Scott Stringer, Congresswoman Carolyn Maloney, State Senator Eric Schneiderman, Assembly Member Jonathan Bing, and Councilmember Gale Brewer at a press conference along with advocates representing Disabilities Network of NYC, Cerebral Palsy Associations of New York State, Center for Independence of the Disabled NY, Disabled in Action, and the 504 Democratic Club. At the press conference we collectively denounced the proposed fare hike. Access-A-Ride is critical to those who need it, and the revenue that doubling this fare will bring is comparatively unimpressive.

The current standard of fare equity is the minimum a just society should expect. Like a good old fashioned train robbery, the MTA is ambushing paratransit riders because they know that people with disabilities have no other transportation options. This is the most regressive fare hike the MTA has ever proposed because those who can least afford to pay are being asked to shoulder the greatest burden.

I am also not convinced that this is a legal proposal. The transportation provisions of Title II of the Americans with Disabilities Act cover public transportation services, like the MTA system. Public transportation authorities may not discriminate against people with disabilities in the provision of their services. So if a local authority like the MTA chooses not to adequately serve clients with disabilities in its regular system, it is instead required by federal law to create a parallel paratransit system. Decades ago when the ADA was passed, the MTA chose not to make the regular transit system accessible (today there are just over 50 subway stations of 468 that have elevators), so it was required to create the Access-A-Ride service. It goes against the spirit of the ADA to charge people with disabilities more to use a system designed to compensate them for not having access to the regular mass transit system.

I will be doing everything I can to oppose this proposal and I will continue to keep you updated. My press release on this topic can be found in the Publications area of this website.

Join Me Sunday For a Free Event for Realabilities, NYC’s First Annual Disability Film Festival!

September 12, 2008


This movie poster is for SHAMELESS: The ART of Disability, a film that is being included as part of Realabilities, the first annual New York City disabilities film festival dedicated to promoting awareness and appreciation of people with different disabilities. The festival will present award winning films in various locations throughout New York City.

As a person with a disability, I am very excited about this new festival and hope that it will bring together both people with disabilities and others in our shared community to discuss and appreciate the diversity of the human experience.

I was honored to be asked to participate in the kick-off event for the festival, being held in my district on Roosevelt Island. This is especially appropriate because Roosevelt Island is home to many people with disabilities, and as a planned community, it boasts some of the most accessible public spaces in New York City. I will participate in a discussion after the film about individual and shared societal beliefs and views about disability in today’s society.

Joining me in that discussion will be Claude Ritman (Executive Director, Coler-Goldwater Hospital) and Virginia Granato (President, Roosevelt Island Disabled Association).

I hope you join me for this free event!

Sunday, September 14
1:30 PM
Goldwater Memorial Hospital
1 Main Street
Roosevelt Island

New Survey - Wheelchair Users and Taxis/TLC Central Dispatch Program

September 5, 2008

As an advocate for a 100% accessible taxi fleet I am attempting to gauge the quality and success of the New York City Taxi & Limousine Commission’s accessible services for people with disabilities, particularly the recently instituted Central Dispatch pilot program for wheelchair accessible taxis and livery vehicles that will last for the next two years. Through Central Dispatch, wheelchair-users can now call 311 and a wheelchair accessible taxi will be sent to their location anywhere in the five boroughs. Pick ups can also be scheduled in advance.

I have created a survey just for wheelchair users that ride in taxis that can be found in the Surveys section of my website, so that you can share your experiences with me. The data collected from this survey will be made public. I ask that if you are a New York City wheelchair user that you fill out the survey every time you ride in a taxi, whether or not you use Central Dispatch for that ride.

(Photo above is from the NYC TLC website.)

Assembly Protects Health Care Funding, Schools in Budget Negotiations

August 22, 2008

As the nation’s economic picture worsens, New York has been faced with tough choices about how to keep our fiscal house in order. Earlier this week, the legislature went into special session to find ways to reduce public spending. After difficult negotiations, the Assembly passed a bill that would limit spending by more than $1 billion over the next year and half – reducing this year’s budget by $411 million and next year’s by $600 million. On Wednesday, the revised budget was finalized and signed by the Governor.

I am proud of the tough stance the Assembly took on property taxes. The “circuit breaker” approach what we passed represents real and immediate tax relief to working- and middle-class renters and homeowners, without damaging the fiscal stability of our schools. Maintaining funds for our schools, and holding the State to the task of living up to the principles of the Campaign for Fiscal Equity court decision were major priorities for me personally, and I was proud to work with my colleagues in holding to those principles during such a difficult time.


What’s a ‘circuit breaker’? A lot of people have been asking me that question especially since I was quoted in a New York Sun article on Tuesday, saying that I support that bill (A.11838) instead of a property tax cap. The video (put out by the New York State United Teachers - NYSUT) above gives a very short answer. The union, which represents New York State teachers, has a more complete FAQ on their website.

The Assembly fought hard to ensure that the revised budget avoided deeper cuts to core health care services, like Medicaid. But there is much about the cuts that were approved, like the reductions in premiums paid to insurers (and so ultimately to doctors), that concerns me greatly. I am also disappointed by the reduction of aid to the City University of New York (CUNY). And I was dismayed that funds for accessible polling stations were chopped.

The Governor issued this press release which gives an accounting of the cuts, which are largely across-the-board 6% spending reductions, with some important excceptions. Also, here is a link to a video of the press conference held by Governor Paterson, Assembly Speaker Silver, and other leaders of the Legislature after the budget was finalized.

Artists with Cerebral Palsy Display Their Photos in My Community Office

August 14, 2008

Cerebral Palsy Associations of NYS staff and photographer-clients with their families came by my community office to loan the otherwise lifeless walls their breathtaking artwork (see below!)



As many of you may know, I have cerebral palsy and issues relating to people with disabilities are very close to my heart. One organization that does fabulous work for New Yorkers is the Cerebral Palsy Associations of New York State.

When they stopped by my community office last winter and noticed my bare walls, they realized that this was an opportunity to showcase the amazing artwork by some of their clients. Today, three artists came by to present their artwork to me and it is on loan and soon to be hanging on my walls for everyone in the community to enjoy when they stop by (So, please stop by!).



Elva Monsanto presents me her artwork, a photograph taken under the Manhattan Bridge that will be on loan from CP of NYS and hung for the public to view in my community office.


By Elva Monsanto. I love photos taken in black and white, and this gorgeous pedestrian view of the bridge will hang in my office over my desk (I’m selfish that way, ask my staff!)



Anando Perez (pictured here with his mother) presents me his artwork, a photograph taken of a glass container of brightly colored candies that will be on loan from CP of NYS and hung for the public to view in my community office.


By Anando Perez. I am struck by the how well Anando captured color in this photo, particuarly the angle of the shot and beautiful play of light on the top of the glass container, make this a truly delightful piece of art.



Emiliano Perez presents me his artwork, a photograph taken of an Upper East Side street that will be on loan from CP of NYS and hung for the public to view in my community office.


By Emiliano Perez. At first I thought this photo was a double exposure. Amazingly, this is a clean shot. The flowers and toys are reflected on the window as Emiliano took this picture looking out on an Upper East Side street. Look how full of life our neighborhood is!

Kellner Legislation to Create MTA Riders Council for People with Disabilities Passes Assembly!

May 13, 2008

A.10734-A passes the Assembly - photographic evidence courtesy of Assembly Member Linda B. Rosenthal (Thanks, Linda!)

I am very proud to announce that my bill to create an MTA Riders Council for People with Disabilities passed the Assembly today. Below is the press release from just two days ago announcing this bill (and another related bill’s) introduction. Assembly Member Linda Rosenthal was quick with the cellphone camera and snapped me some photographic evidence of the bill’s debut to the big board in Assembly Chambers moments before its passage (Thanks, Linda!)

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For Immediate Release: May 10, 2008

IMPROVING MTA ACCESS FOR PEOPLE WITH DISABILITIES

New York City — Assembly Member Micah Z. Kellner, State Senator Thomas K. Duane, Manhattan Borough President Scott Stringer, Assembly Member Michele Titus, Chair of the Assembly Taskforce on People with Disabilities, and Assembly Member Linda B. Rosenthal, were joined today by advocates representing thousands of New Yorkers with disabilities to announce a package of bills that have been introduced in the New York State legislature to reform the way that the MTA responds to the needs of transit riders with disabilities.

Borough President Stringer, Senator Duane (not pictured), disabilities advocates and I announce legislation on the steps of City Hall (May 10, 2008)

The first bill (A.10734-A/S.7817) creates the MTA Riders Council for People with Disabilities, a 15-member appointed council will be geographically diverse representing riders who use NYC Transit, the Long Island Rail Road, and Metro North systems. The Council will have a non-voting seat on the MTA Board and will monitor all aspects of the MTA and make recommendations as to how to improve services. The Assembly is expected to take up this bill on Monday. The second bill (A.10420/S.7348) requires daily inspections of elevators, escalators, bus lifts, and other accessibility features in MTA facilities and establishes documentation requirements and oversight for their repair.

“The MTA has been failing the disabled community when it comes to meeting our transportation needs,” said Assembly Member Micah Kellner, who has cerebral palsy. “In 2007, I requested documents for eight elevators in ADA-compliant passenger stations to better understand how the MTA maintains features like elevators. What I found was an unacceptable number of outages, repeated breakdowns in the same station for the same problem, a disturbing lack of paper record-keeping, and a poor track record of fixing problems quickly. This is no small matter. When an escalator, elevator, or wheelchair lift is inoperable it means that a person with a disability is stranded.”

“The list of reasons why these changes are necessary is endless. For example, even the new, improved subway announcements – let alone the old garbled ones – are hard for the hearing impaired to understand,” said Senator Tom Duane. “Platform gaps on the LIRR threaten the safety of the visually impaired and wheelchair users. The recent closure of station agent booths in the subways has only worsened the situation for disabled riders who are able to overcome other obstacles to access that system, and these are only a few of the problems. The MTA needs to hear from people with disabilities and learn from their experiences. The best way to do this is to correct the lack of representation of people with disabilities on the board of the MTA itself.”

“For years, the MTA’s failure to carry out mandated inspections, as required by the building code, left frail and disabled riders in a situation resembling Russian Roulette,” said Borough President Scott Stringer. I believe the agency’s new leadership wants to make the system safe and reliable for people with disabilities – and this legislation will provide a framework for doing that. I urge the swift passage of both bills.” In 2006, Borough President Stringer released his report, The State of Repairs, which found that 74% of all elevators in ADA-compliant stations did not receive their mandated annual inspection and that the average elevator in an ADA-compliant station was out for 11 days.

“Seldom a day goes by where we do not receive a phone call or email message from someone who has had a negative experience with the MTA.,” says Lawrence Carter-Long, the Director of Advocacy of Disabilities Network of NYC. ” A breakdown in, or lack of transportation options for people with disabilities affects every other area of our lives – if you can’t get to or from your residence, place of business, or health care provider, your quality of life is diminished. Rather than solve the transportation problems faced by New Yorkers with disabilities, the MTA seems more inclined to add to them. These bills provide a necessary and overdue remedy the MTA has been unwilling to provide on its own.”

“We believe holding the MTA to greater accountability on elevator and escalator repairs as well as the creation of a MTA Riders Council for People with Disabilities can only improve the accessibility of NYC Transit and assure riders with disabilities that it is safe to ride the subways,” said Carr Massi, President of Disabled in Action of Metropolitan New York.

“BCID has been requesting a seat at the MTA table as a representative of the community of people with disabilities for many years,” said Marvin Wasserman, Executive Director of Brooklyn Center for Independence of the Disabled (BCID). “The passage of this legislation will guarantee full representation from the whole community of people with disabilities, not just a select few working within the community.”

“Appropriate access for people with disabilities is a civil right and a human right. It is time the ADA [Americans with Disabilities Act] applied to mass transit,” said Janice Schacter, Chair of the Hearing Access Program (a consortium of the Alexander Graham Bell Association for the Deaf and Hard of Hearing, the League for the Hard of Hearing, and Hearing Loss Association of America).

“Hearing directly from people with disabilities through the proposed MTA Riders Council for People with Disabilities is a needed reform. The MTA needs to address the problems of accessibility, signage, and staff training to make transportation in NYC truly available to all,” said Nancy D. Miller, Executive Director of VISIONS/Services for the Blind and Visually Impaired.

“Access to public transportation is critical for people with disabilities to live fruitful and productive lives and it is essential that public transportation is accessible, reliable, and safe all the time. We appreciate the efforts of Assemblyman Kellner and Senator Duane in support of the needs of NYC citizens with disabilities,” said Susan Constantino, President and CEO of Cerebral Palsy Associations of New York State.

“Guide Dog Users of New York is primarily eager to have consistent tactile edge markings at all subway stations. These small raised domes warn blind and visually-impaired people when they are nearing the platform edge and can save lives,” said David De Porte, President of Guide Dog Users of New York.

“We strongly support the quick enactment of both bills. An MTA Riders Council for People with Disabilities will give our community direct and sustained input to the MTA Board of Directors about making its entire system more friendly to wheelchair users and other aging and disabled passengers. Making subway elevator and escalator maintenance a higher priority is essential and long overdue. There is zero access to the subway system for our wheelchair-using members if elevators are always broken,” said Terence J. Moakley, spokesperson for the United Spinal Association.

“The NYC Chapter of the National MS Society fully supports legislation to create the MTA Riders Council for people with disabilities. Our members experience a variety of challenges using mass transit, including inaccessible subway stations, non-working elevators, inadequate signage, and dangerously large gaps between platforms and trains. As a result of these problems, people living with MS often cannot get to work or visit their families. It is crucial that people with disabilities have a voice on the MTA,” said Robin Einbinder, Executive Vice president of Programs and Services at the NYC Chapter of the National MS Society.

“We have long called for the MTA to increase elevator/escalator inspection, repairs and maintenance, as well as requiring a higher degree of accountability. We believe they also need to improve their communication with riders. Many passengers with disabilities refuse to use the subways because they are fearful of being stuck when an elevator/escalator is out of service,” said Edith M. Prentiss of the 504 Democratic Club.

“When people with disabilities believe they are able to travel safely and expediently on the subways, this saves the City and the MTA money. Both of these initiatives will help to increase the number of wheelchair users who ride buses and trains with confidence, thereby decreasing reliance on Access-A-Ride,” said Joe Rapporport of the Taxis For All Campaign.

“Elevator and escalator outages rank near the top among the myriad of barriers faced by persons with disabilities when attempting to use our mass transit system,” said Michael Harris, Executive Director of the Disabled Riders Coalition. “Sadly, the MTA has historically failed to recognize that we are fare-paying customers and deserve the same consideration as our non-disabled peers. Not only will this legislation force the MTA to address the issues of elevator and escalator maintenance, more importantly it will finally give riders with disabilities a seat at the table. I look forward to being in Albany on Monday where I hope to watch the Assembly pass this important legislation.”

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Congestion Pricing: The Public Deserved a Vote

April 24, 2008

As a supporter of congestion pricing, I was looking forward to having the opportunity to cast my vote in favor of the plan. I am disappointed that the plan never came to a vote on the Assembly floor.

While there were a number of flaws in earlier versions of the proposal – which I pointed out in my report on the issue – in the end the most serious concerns were addressed. I am particularly proud that three changes I advocated for made it into the final version of the bill: 1. Residential parking permits; 2. Dedication of any and all congestion pricing revenue to funding improvements in our mass transit system; and 3. Exemptions for people with disabilities who have disabled license plates or SVIP placards.

While it is true that there are thousands of bills every year that are not voted on – simply because there isn’t enough support – I believe that congestion pricing was different. After there has been intensive public conversation about a policy issue, the public deserves to see how their elected officials will represent them.

Traffic congestion remains a serious problem in New York City, and I remain committed to finding ways to reduce it and to better fund and improve our regional mass transit systems.