United Spinal Association Sues The Port Authority of NY and NJ for Violating the Americans with Disabilities Act
Jackson Heights, NY––United Spinal Association and Heightened Independence and Progress, Inc. (hip) filed a lawsuit today in the Superior Court, Hudson County, Chancery Division against The Port Authority of New York and New Jersey, alleging a significant violation of the Americans with Disabilities Act (ADA). Community Health Law Project of South Orange, NJ is representing United Spinal and hip. The Port Authority constructed a new entrance to the PATH (Port Authority Trans-Hudson) station at Grove Street in Jersey City, New Jersey, which is not readily accessible to and usable by individuals with disabilities.
The newly-constructed station entrance has a long stairway down to the train platform, several steps up to the above-ground entrance, and no elevator. The old entrance to the station was and remains inaccessible to persons with disabilities in that it also requires the use of stairs. Discussions with The Port Authority about making Grove Street’s new entrance accessible were ineffective. United Spinal and hip filed an administrative complaint with the Federal Transit Administration in March 2006 where it is still pending.
The Port Authority’s failure to make the alterations of and additions to the Grove Street PATH station in Jersey City readily accessible to and usable by individuals with disabilities constitutes a direct violation of Title II of the ADA: All newly constructed or altered facilities must be accessible to individuals with disabilities upon their completion.
United Spinal Association, a national advocacy and disability rights organization based in New York, and hip, an independent living center based in Hackensack, NJ, are suing The Port Authority of New York and New Jersey to render the Grove Street Station fully accessible to persons with disabilities by installing an elevator and by taking whatever other measures are required by New Jersey’s Barrier-free Statute, New Jersey’s Barrier-free Subcode, New Jersey’s Law Against Discrimination, and the ADA.
“There’s no question that both New Jersey and federal law requires this entrance to be accessible,” said James Weisman, General Counsel at United Spinal Association.
United Spinal Association is a not-for-profit membership organization dedicated to enhancing the lives of people with spinal cord injuries and disorders. The organization drafted significant portions of the Americans with Disabilities Act (ADA), the Fair Housing Amendments Act and the Air Carrier Access Act. United Spinal sued New York City’s Metropolitan Transportation Authority to make buses and subways accessible, becoming a nationwide model for implementing the public bus and rail system provisions of the ADA. The organization continues to press for the rights of people with disabilities through state and federal legislation, the courts, grass roots advocacy and education. For more information, please visit www.unitedspinal.org or call 800-404-2898.