Department of Justice Opens Investigation of TLC

May 24, 2011


As many of you are aware, on March 29th I lodged a formal complaint with the United States Department of Justice that centered on whether or not the New York City Taxi and Limousine Commission (TLC) has been willfully disregarding the Americans with Disabilities Act (ADA). In the time since, the City has continued to leave riders with disabilities stranded. Most recently, the City chose the Nissan NV-200, a vehicle that is not accessible, as the’ Taxi of Tomorrow’.

The City responded to my complaint by stating that taxi officials were planning a program that meets ADA guidelines through a system that dispatches accessible taxis for people with disabilities. This program is reminiscent of the City’s pilot dispatch program which was proved to be ineffective in my report Stranded. On Monday, I sent a second letter to the Justice Department outlining how this program still fails to meet ADA requirements.

I am pleased to report that the Department of Justice has heard the call of the 60,000 wheelchair users in New York City. Yesterday, the United States Attorney’s office in Manhattan formally launched the investigation into whether the lack of wheelchair-accessible taxicabs in New York City amounts to a violation of parts of the ADA. While I’m glad the Justice Department is looking into the issue, I’m disappointed that once again we must turn to the courts because the City keeps lowering the bar and denying the civil rights of people with disabilities.

You can read the New York Times story about the investigation here.

You can see my second letter to the Department of Justice below:

Letter to US Attorney Bharara Regarding TLC Central Dispatch

Post to Twitter

Who Knew That The ‘Taxi of Tomorrow’ Was The Delivery Van Of Yesterday?

May 3, 2011


Today, Mayor Bloomberg and Commissioner Yassky decided to leave riders with disabilities out in the cold with the selection of the Nissan NV200 in the ‘Taxi of Tomorrow’ contest. In doing so, they have set the fight for equal access back almost a decade.

Taxis have always been an iconic symbol of New York City and should also be an icon of inclusiveness. After all, a city that welcomes everyone should have a taxi that everyone can use. This administration has missed a tremendous opportunity to open the doors that have been closed for far too long, to far too many people.

Ultimately, the United States Justice Department must determine whether the selection of the Nissan NV200 violates the wheelchair accessibility requirements of Title III of the Americans with Disabilities Act. You can read my complaint that initiated the Department of Justice investigation here. Thankfully, Mayor Bloomberg and Commissioner Yassky will not have the last say on what vehicle is the ‘Taxi of Tomorrow’.

Today, I, along with NYC Public Advocate Bill DeBlasio and Brooklyn Borough President Marty Markowitz, called on NYC Comptroller John Liu to investigate whether potential conflicts of interest have fundamentally and irreversibly prejudiced the selection process of the ‘Taxi of Tomorrow.’ If this is determined to be the case, we must question whether it is appropriate for the Comptroller’s office to certify a contract for Nissan as the ‘Taxi of Tomorrow.’ You can read our letter below.

5.03.11 Letter to Comptroller Liu

Post to Twitter

STRANDED: How the TLC is Failing Wheelchair Users

June 7, 2009




Today, I released my report on how the NYC Taxi and Limousine Commission is failing wheelchair users. I will post a more detailed summary of the report’s findings later this week, but for now, click the report cover to download the PDF of the report in full.

The release of the report was covered extensively in local media outlets, including in the New York Daily News article that I am posting below:

Stranded – Daily News Coverage

Post to Twitter

Increasing Driver License, Car Registration Fees Could Raise $550 Million for Cash-Starved MTA

December 1, 2008


So it’s “official,” our country has been in a recession since December, 2007, according to the National Bureau of Economic Research, which announced the non-news earlier this morning.

Of course, we already knew this to be true for many months. On November 20th, MTA CEO Elliot Sander told the MTA Board, that new economic forecasts show projected deficit gaps of “$383 million for 2008, $1.441 billion for 2009, $2.394 billion for 2010, and nearly $3 billion in 2012, before prior-year carryover or gap closing actions.”

As I’ve blogged before, I am very concerned about the fiscal outlook for the MTA and how cuts to services, capital projects, system maintenance, and increased user fees will impact riders. But the negative effects spillover beyond transit users. The MTA is the lifeblood of the New York metropolitan area and when it suffers, so does the regional economy.

On September 15th, the Citizens Budget Commission (CBC) testified before the Ravitch Commission and outlined a number of practical suggestions for how to increase dedicated mass transit revenue.

Today, I wrote to Governor Paterson to urge that two CBC proposals be included in his 2009 Executive budget: Raising car registration fees and driver license fees by at least $50 annually.

When CBC President Carol Kellermann testified before the Ravitch Commission she noted that today the cost for a driver license in New York is under $6 annually. Raising annual fees for driver licenses to $50 would yield nearly $300 million. New York has the 8th lowest vehicle registration fees in the country (according to the CBC’s 2006 study South Carolina has the lowest at $12, and Maine has the highest at $435), and raising the vehicle registration fees would net an additional annual revenue stream of $250 million.

With the Ravitch Commission’s report due to be released on Friday, now is the time to be examining all the options including this one and other good ideas like reinstituting the commuter tax.

Recently, New York City Comptroller William C. Thompson, Jr. outlined a proposal to impose a weight-based transit-dedicated assessment of $100 for vehicles weighing 2,300 pounds or less, plus $.09 for every pound of curb weight over 2,300. This is an interesting idea that I believe merits further study. It differs from the CBC proposal which would see a flat fee increase for car registration fees.

In these tough financial times, I believe that it makes sense that those who choose to drive should help bear the costs of maintaining our public transportation infrastructure. These two new recurring revenue streams would constitute a good start in getting the MTA’s finances back on track.

In my letter, I suggested that during the first two to three years of this budget crisis, the MTA be given the flexibility it needs to put this revenue towards its operating deficit. But in the long term this money should be used for capital needs. After the third year I suggested that these recurring funds be dedicated 70% towards the MTA’s capital plan and 30% towards the NYS Department of Transportation Five Year Capital Plan – a fund which finances highway, tunnel, and bridge projects across the state.

I told the Governor that if these proposals were not included in the budget, I was prepared to introduce them as a separate piece of legislation. My letter to Governor Paterson can be found in the Publications area of my website.

Post to Twitter

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.

Post to Twitter

Surveys, Publications now on MicahKellner.net

August 5, 2008

I’ve introduced two important new features to this blog. The first is the ‘Publications‘ page, in which (slowly but surely) I am uploading all of my testimony, reports, press statements, and even some key letters that I have written so that you can see what I’m up to.

I’ve also created a new ‘Surveys‘ page. Knowing your opinion makes all the difference when I have to make key decisions. The current survey posted is specifically geared towards residents of Roosevelt Island regarding transportation issues. If you live on Roosevelt Island, I hope you will take the survey (the newsletter I am sending out in early September will also have the survey on the back page).

I also put up a link to the report that I wrote based on the results of my 2007 Congestion Pricing survey. Look out for more surveys to come and never stop sharing your thoughts and ideas.

Post to Twitter