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Press Release from Office of New York City Comptroller John C. Liu
May 2, 2012
NEW YORK, NY –City Comptroller John C. Liu today called on Mayor Michael Bloomberg to modify the proposed “Taxi of Tomorrow” agreement before sending the contract to the Comptroller’s Office for approval as required by the City Charter. Comptroller Liu vowed to reject the agreement, until New York’s entire taxi fleet follows in the footsteps of cities like London and makes all cabs wheelchair accessible.
“The new contract for taxis presents us with a historic opportunity to right a wrong that New Yorkers with disabilities have been fighting to achieve for nearly two decades,” Comptroller Liu said. “Requiring cabs to have independent passenger climate controls is nice, but when you fail to make them accessible to a growing number of New Yorkers, it’s not just a slap in the face, it’s illegal. We will send back any plan that does not uphold the civil rights demanded by the Americans with Disabilities Act.”
New York City’s 13,000 yellow cabs are famous, but for individuals with disabilities they represent the frustration of a separate and unequal transportation system. Just 231, less than 2%, of City taxis are wheelchair accessible. Although the City controls the sale of taxi medallions, it has failed to require that all taxis be accessible to wheelchairs.
“With the Taxi of Tomorrow, Mayor Bloomberg had the opportunity to transform the way New Yorkers get around the city whether they’re on two feet or four wheels,” said Assembly Member Micah Kellner. “Sadly, his choice for the Taxi of Tomorrow – the Nissan NV-200 – will be remembered as the Cathy Black of taxis. The Mayor should scrap his contract with Nissan and commit to making every taxi accessible to people with disabilities.”
“The Taxi of Tomorrow contract should be rejected,” said City Councilmember Oliver Koppell. “The contract includes terms that, in my view, violate the Americans With Disabilities Act and the Equal Protection Clause of the U.S. Constitution. The City has a responsibility to come down on the side of civil rights.”
“The Mayor and Taxi and Limousine Commissioner have chosen to deny access to new taxis to wheelchair users and require only some to be accessible,” said James Weisman, SVP and General Counsel United Spinal Association. “They would force wheelchair users to depend on a dispatch system instead of being able to hail any cab like all other New Yorkers and visitors.”
In December 2011, a federal court ruled that the City, through its Taxi and Limousine Commission, was in violation of the ADA. Recent proposals have failed to directly address this violation of civil rights. A proposal for a separate dispatch system for passengers using wheelchairs, for example, fails to address the underlying problem — there are not enough wheelchair accessible taxis in the City.
“The so-called “Taxi of Tomorrow” is really the taxi of yesterday,” said Edith Prentiss, Chair of the Taxis for All Campaign. “It rolls us back to the days before the Americans With Disabilities Act became federal law, two decades ago.”
Making the City’s taxi fleet wheelchair accessible is not just a civil rights issue, but is also simple common sense. Expanding access to taxis would reduce the financial stress on the MTA’s Access-A-Ride program.
“Let’s face it, anyone could find themselves in a wheelchair tomorrow,” said Comptroller Liu. “We should do everything possible to ensure that New York City’s iconic yellow cab does not become a symbol of exclusion by telling wheelchair users ‘find another ride.’ That’s not what New York City is about.”
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Text in Full of Comptroller Liu’S Letter To Mayor Bloomberg:
May 2, 2012
Honorable Michael R. Bloomberg
Mayor
City Hall
New York, NY 10007
Dear Mayor Bloomberg:
The New York City Charter (“Charter”) requires that all contracts or agreements executed pursuant to the Charter or other laws are registered by the New York City Comptroller’s Office (“Comptroller’s Office”). The Comptroller’s Office understands that the New York City Taxi and Limousine Commission (“TLC”) and Nissan have entered into a contract to provide the “Taxi of Tomorrow” for use on New York City streets by taxi medallion owners.
On December 23, 2011 a federal court held that the City, through TLC, was in violation of Title II of the Americans with Disabilities Act (“ADA”), which prohibits discrimination in governmental activities. The court further held that TLC was not providing meaningful taxicab access to disabled people who required wheelchairs, and that the lack of access was a direct result of TLC’s pervasive policies, practices, and regulations of taxicabs in the City.
The court also required TLC to propose a comprehensive plan describing how it would provide meaningful access to wheelchair users, including targeted goals and standards, as well as measurable results. The court further ordered that until TLC proposed such a plan, all new taxi medallions sold must be for wheelchair accessible vehicles. It should be noted that “meaningful access” was defined, not as a Utopian goal or a political promise, but as a basic civil right for those with disabilities.
Moreover, the United States Department of Transportation has mandated that vans seating less than eight people are required to be accessible. The “Taxi of Tomorrow” does not meet this requirement.
Based on the TLC’s website, the “Taxi of Tomorrow” design lists a number of features; however, wheelchair accessibility is not one of them. We understand that the City is cobbling together a dispatch system and a plan to retrofit Nissan NV200 taxicabs to make them wheelchair accessible in an attempt to comply with the federal court ruling. However, without a comprehensive plan to provide meaningful access it is clear that any contract to provide a “Taxi of Tomorrow” that is not accessible to the estimated 60,000 New Yorkers who use wheelchairs would violate the ADA and the federal court’s decision.
The City should take immediate steps to modify the contract so that the entire “Taxi of Tomorrow” fleet is wheelchair accessible. New York City ought to be a leader, not a follower, on this important civil rights issue.
Sincerely,
John C. Liu
 United Spinal president Paul J. Tobin's message resonated with CELA attendees: “People with disabilities have a voice, and we intend to use it.” United Spinal Association’s president and CEO Paul J. Tobin gave an impassioned keynote speech during the 2012 CELA Conference in Arlington, Virginia on April 17-19––a gathering of wheelchair consumers, suppliers, manufacturers and clinicians who advocate for people with disabilities to have access to proper mobility equipment.
Tobin, a wheelchair user and Navy veteran, captivated attendees with an insightful, historic overview of how empowered wheelchair users and other Americans with disabilities have shattered numerous barriers to equal rights and inclusion–and that their future participation in dialogue on sociopolitical reform must be protected.
“People with disabilities succeed when we speak for ourselves,” Tobin asserted as he engaged hundreds of stakeholders from the complex rehab technology industry that filled the room.
Tobin emphasized that in order for people with disabilities to participate in reform, it’s essential that they have access to this type of technology. Complex rehab technology includes manual and power wheelchairs that are professionally tailored to fit a person’s medical and functional needs.
It’s Not Just A Wheelchair
There are some people who believe a wheelchair is just a wheelchair; it works for everyone the same way. Tobin and United Spinal contend this could not be further from the truth. We believe that access to complex rehab technology is vital, and represents the front lines of the battle for equality for wheelchair users and others within the disability community.
“Without the proper mobility equipment, many individuals cannot live with dignity and independence. They may be confined to their homes or forced into nursing homes. They might not be able to get involved in their communities, discover recreational or educational opportunities, attend family and religious gatherings, or seek employment. They lose their voice and, ultimately, their empowerment,” he explained.
Tobin discussed how disability policy milestones such as the passage of the Americans with Disabilities Act and Fair Housing Amendments Act–initiated during the disability rights and independent living movements of the 60s and 70s–were due in large part to people with disabilities being intimately involved in every stage of reform.
Keep The Dream Alive
According to Tobin, things that were once considered a dream–like curb cuts, ramps, removal of architectural barriers, and employment protections–are now a reality because people with disabilities were the driving force for change. But that empowered grassroots voice echoing from our past is fading fast; it must be restored.
“If we have limited access to the vehicles essential to our independence and livelihood, we could potentially lose everything,” Tobin added. “We lose our ability to fight back against discriminatory practices, archaic policies, inaccessible housing and transportation, or any number of other barriers we are confronted with in our daily lives. Our long journey toward equality and independence will essentially be cut short.”
Tobin pointed out that society has failed to align social goals of inclusion and integration with the technology needed to facilitate it––which is restricted by “medical necessity guidelines” built into our Medicare and Medicaid programs. The solution proposed by Tobin and stakeholders at CELA is the creation of a separate benefits category for complex rehab technology proposed in the Ensuring Access to Quality Complex Rehabilitation Technology Act of 2012.
This bill would carve out complex rehab from the durable medical equipment benefit, put standards in place to ensure the equipment is provided by qualified professionals, and permanently exempt it from the punishing effects of competitive bidding. It would also remove a restriction that allows coverage for complex rehab only for use “in the home.”
The Solution
Tobin called for wheelchair consumers to take action to bring these changes to fruition. “We can no longer remain silent. Silence means consent. Be loud, be proud,” he said.
“Visit your local policymakers and discuss the problems and propose solutions. Talk about the effect that complex rehab technology has had upon your life, your independence, and your family. Speak of your difficulties obtaining, maintaining, and replacing critical mobility equipment– and the negative impact it has had on you.”
He then addressed wheelchair suppliers in the crowd–asking them to champion these reform efforts and spread the word to their customers to join the effort. “Partner with your customers. Tell them of the challenges facing your businesses and what impact it could have on them.”
Tobin also urged attendees to take part in United Spinal Association’s ongoing efforts to improve access to appropriate technologies which promote functional and social independence by joining the organization’s UsersFirst movement and advocacy initiatives such as Roll on Capitol Hill.
“We can win this battle if we stand together and work in collaboration,” he said.
To download Tobin’s PowerPoint Presentation from CELA, click here.
 United Spinal Association’s membership division NSCIA is hosting a free webinar for travelers with disabilities–Accessible Air Travel: Your Backstage Pass on Wednesday, May 9 from 3-4:30 pm EDT.
Air travel for people who use wheelchairs and other mobility equipment can sometimes be frustrating if you don’t know what to expect when heading to the airport.
The webinar will offer people living with disabilities all the resources needed to avoid the headaches and stress of flying. Make sure the next time you plan a business or leisure trip there are no surprises.
Our guest speaker will be David Martin, Disability Program Manager at DELTA Airlines.
If you have had issues traveling with a disability in the past and want advice on how to make your flight an enjoyable, hassle-free experience, this is the perfect webinar for you!
The webinar is sponsored by United Spinal’s Able to Travel program.
Register Now
Also, be sure to check out Accessible Air Travel: A Guide For People With Disabilities .
This free booklet is a great resource for planning your next trip and covers everything you should expect from the time your airline reservation is booked to the moment the flight touches down.
On April 23, members of grassroots disability rights group ADAPT rallied in DC to prevent Medicaid cuts that jeopardize services critical to helping wheelchair users live independently and out of nursing homes and institutions.
Over 100 advocates including former ER actor Noah Wyle were arrested during the protest.
United Spinal Association applauds ADAPT’s efforts to bring mainstream attention to this important issue. We all must remain vigilant in opposing the reduction of Medicaid funding, benefits and eligibility at a time when Americans need it the most, especially for wheelchair users.
Check out video posted by ADAPT from the rally.
We have worked closely with ADAPT on the steering committee of the National Disability Leadership Alliance (NDLA)-–a coalition of 14 leading disability organizations that recently developed an advocacy tool highlighting key principles for providing coordinated quality health care in Medicaid managed care programs for people living with significant disabilities.
Why Do Medicaid Cuts Hurt So Bad?
Medicaid is often the only source of comprehensive and appropriate coverage that addresses the basic health care and long-term services needs of people with disabilities. It provides services that allow individuals with disabilities to remain independent, maintain employability and access cost-effective healthcare services. Cutting support to these services would be cutting the lifeline for more than 14 million Americans with disabilities.
National policymakers have proposed spending caps, fixed federal block grants and other changes that would significantly reduce federal support of Medicaid. These proposals would shift more costs to states, health care providers and beneficiaries least able to absorb them. Dozens of states struggling with their own budgets have already made cuts to provider payments and “optional” benefits important to those with disabilities.
Why Is Medicaid Important To Us All?
•It provides vital home and community-based services that allow seniors and younger people with disabilities to live independently in the community.
•It provides services that support families in caring for their children who have significant disabilities.
•It provides vital jobs for direct care workers who support their families.
View our recent webinar on proposed cuts to Medicaid , which further explains why these proposed cuts will endanger critical services and supports from coast-to-coast.
In June, United Spinal will host Roll on Capitol Hill–our first-ever annual legislative advocacy event that addresses disability issues with policymakers in DC–including cuts to the Medicaid program.
United Spinal continues to march on, joined with thousands of disability advocates nationwide to remove archaic policies and improve community services and supports that will enable people with disabilities to live on their own terms–with success, dignity, and most importantly, independence!
On Thursday, the city appeared in federal court to fight a lawsuit over wheelchair access in cabs.
Disability advocates claim the city’s taxi policies violate the Americans with disabilities act.
“You need to be able to move around spontaneously if you live in New York City. It’s just that simple,” said Terry Moakley of the United Spinal Association.
The city says it is not restricting wheelchair access.
“Any taxi owner can if he or she wants can purchase an accessible taxi. The problem is the accessible taxis are more expensive to purchase, more expensive to maintain,” said City Corporation Counsel Michael Cardozo.
Read the full story at NY1.com.
The city resurrected its longstanding argument that the Taxi and Limousine Commission has no obligation to provide wheelchair-accessible cabs on the streets of New York during a federal appeals court hearing on Thursday.
New York City’s corporation counsel, Michael Cardozo, argued on behalf of the city in the appeal of a lawsuit filed last year by several disability rights advocates.
“The TLC has the power to impose regulations and restrictions, including imposing accessibility requirements,” Cardozo said in his arguments before a panel of three judges on the U.S. Court of Appeals for the Second Circuit.
“The question is, ‘Must they?’”
That question was answered with a resounding “yes” when Judge George B. Daniels of the U.S. District Court for the Southern District of New York heard arguments in the case this past December, capping off several months of demonstrations and controversy with what was roundly hailed as a victory for disability rights advocates.
Daniels ruled that the city’s current policy regarding wheelchair-accessible cabs violated the federal Americans with Disabilities Act and that, going forward, the city was obligated to provide “meaningful access” to cabs for people with disabilities.
A state law also passed in December, just a few days before the court ruling, that authorized the sale of 2,000 new accessible-yellow-cab medallions and some 18,000 street-hail permits for livery cabs, 20 percent of which will have to be accessible.
But in his ruling, Daniels said the TLC had to come up with a court-approved plan to implement that “meaningful access” before it could sell any new taxi medallions or street hail permits for anything other than wheelchair-accessible cabs.
Then, last month, the appeals court granted an injunction against that requirement, allowing the city to move forward with the sale of non-accessible street hail permits pending the results of the city’s appeal.
Read the full story at DNAInfo.com.
Wheelchair users nationwide are becoming increasingly more frustrated when they need to fill up their gas tanks, and not just because of the price increase. Self-service stations are replacing full-service at a fast clip and the “beep for service” ADA policy simply doesn’t work well.
“Going from Long Island to Albany on the New York State Thruway, I stopped at one of the rest stops and there was no attendant. It was a minimal rest stop that had two lonely pumps and nobody there, and no kiosk or anything for anyone to come out and help,” says Tamar Asedo Sherman, a vocational rehabilitation counselor who has multiple sclerosis. “They say to honk your horn and I did, but there was nobody to hear it.”
Fortunately, Sherman had enough gas to make it to a station in New Jersey, one of the two states in the U.S. that require full-service gas stations (Oregon is the other). “The gas was a lot cheaper there than the New York station, so it was just as well,” she says.
Just about everywhere else it’s difficult to find anything other than a self-service gas station, and as Sherman reports, it’s hard getting the attention of an attendant to assist with gas pumping.
The ADA isn’t very helpful when it comes to getting your gas pumped. It simply states that if a self-service station has two employees or more working, then there must be a way to get an employee’s attention to come pump your gas. Some stations address this with signs saying “beep for service,” but that doesn’t always work.
There is a design standard for gas pumps in the ADA Accessibility Guidelines (ADAAG), but it’s not sufficient. Other than the ADA, gas pumping laws are different depending on what state a driver is in — so in New Jersey everyone has their gas pumped by an attendant, and in neighboring New York everyone has to honk and honk and honk … and hope someone hears.
“The question becomes what can we do to solve this,” says United Spinal Association CEO Paul J. Tobin, who is also a quad. “There are new ADAAG designs that would require the pump to be no higher than 54 inches. That presupposes you can reach the pump to begin with and safely get to it.”
Tobin and the United Spinal advocacy team are exploring avenues and ideas that would make getting gas not only possible, but safe and dignified, no matter what state a driver with a disability happens to be in when the tank is empty.
This issue will be covered more in-depth in the July-August issue of United Spinal’s Life in Action membership magazine. If you’d like to share how you get your gas pumped, or any ideas on how you think this issue could be resolved, please contact Life in Action’s advocacy columnist and MS Life editor Josie Byzek at Jbyzek@unitedspinal.org, 718.803.3782, ext. 7226.
Josie Byzek
Advocacy Writer
United Spinal Association
Note: This article was originally published in the March-April 2012 issue of Life in Action. To read full issues online, access our digital archives here.
 Have you ever heard this?…“I’m afraid I’ll make a mistake or say the wrong thing, so I just avoid the handicapped.”
“I heard he has ‘mental problems’.”
“Why does she need a Handicapped Parking space? She’s walking just fine to me!”
Nobody likes to be talked down to or treated like they are invisible. But it happens every day to people who live with disabilities or use wheelchairs to get around.
Many who interact with people with disabilities for the first time are unaware that their language and actions may be offensive and inappropriate. And it’s usually not due to a lack of sensitivity, but more of a lack of understanding.
Today in our country, there are more than 56 million Americans living with disabilities. Here are a few basic tips and pointers on how to effectively interact with a person with a disability:
Ask Before You Help
Just because someone has a disability, don’t assume she needs help. Adults with disabilities want to be treated as independent people. Offer assistance only if the person appears to need it. A person with a disability will oftentimes communicate when she needs help. And if she does want help, ask how before you act.
Be Sensitive About Physical Contact
Some people with disabilities depend on their arms for balance. Grabbing the person, even if your intention is to assist, could knock the individual off balance. Avoid patting a person on the head or touching his/her wheelchair, scooter or cane. People with disabilities consider their equipment part of their personal space.
Think Before You Speak
Always speak directly to the person with a disability, not to his companion, aide or sign language interpreter. Making small talk with a person who has a disability is great; just talk to him as you would with anyone else. Respect his privacy. If you ask about his disability, he may feel like you are treating him as a disability, not as a human being. However, many people with disabilities are comfortable with questions about their disability after getting to know someone.
Don’t Make Assumptions
People with disabilities are the best judge of what they can or cannot do. Don’t make decisions for them about participating in any activity.
Put The Person First
Say “person with a disability” rather than “disabled person.” Say “people with disabilities” rather than “the disabled.” For specific disabilities, saying “person with Tourette syndrome” or “person who has cerebral palsy” is usually a safe bet. Still, individuals do have their own preferences. If you are not sure what words to use, ask.
Avoid Outdated Terms
Terms such as “handicapped”, “crippled”, or “retarded.” Be aware that many people with disabilities dislike jargon, euphemistic terms such as “physically challenged” and “differently abled.” Say “person who uses a wheelchair” rather than “confined to a wheelchair” or “wheelchair bound.” The wheelchair is what enables the person to get around and participate in society; it’s liberating, not confining.
With any disability, avoid negative, disempowering words, such as “victim” or “sufferer.” Say “person with AIDS” instead of “AIDS victim” or “person who suffers from AIDS.”
It’s okay to use idiomatic expressions when talking to people with disabilities. For example, saying, “See you later,” to a person who is blind is completely acceptable; they use these expressions themselves all the time.
Many people who are Deaf communicate with sign language and consider themselves to be members of a cultural and linguistic minority group. They refer to themselves as Deaf with a capital “D,” and may be offended by the term “hearing impaired.” In general it is safest to refer to people who have hearing loss but who communicate in spoken language as “hard of hearing” and to people with profound hearing losses as Deaf or deaf.
Disability etiquette is easy and simply put, common sense. In 1998, United Spinal Association published the booklet “Disability Etiquette,” which has been distributed nationwide to thousands of businesses, schools and organizations.
Download or request a print copy of “Disability Etiquette” or any of United Spinal Association’s other informative publications here or call (800) 444-0120.
Marlene Harmon-Perkins
VP of Corporate Relations
United Spinal Association
United Spinal Association’s membership division, National Spinal Cord Injury Association (NSCIA) and Allsup will host, What You Need to Know About SSDI and Medicare, a webinar designed for people who have questions about filing for Social Security Disability Insurance (SSDI) benefits and subsequent Medicare eligibility on Wednesday, April 18, 3-4 p.m. EST (2-3 p.m. CST).
SSDI benefits and becoming eligible for Medicare means reliable access to healthcare –however, understanding how options work and comparing all the plans available can be frustrating and confusing.
The webinar will provide information on what one should think about when considering a Medicare plan, including the steps one should take when deciding how to use Medicare benefits.
SSDI eligibility criteria, the SSDI application process, and the full range of benefits that come with SSDI, including Medicare eligibility will be explained in the webinar.
According to the Social Security Administration, a 20-year-old worker has a 3-in-10 chance of becoming disabled before reaching retirement age. The risk is higher if you have chronic health conditions, as half of all Americans do.
“The demands of meeting immediate needs can leave many people with disabilities and their families struggling to maintain stability if they have not planned ahead,” stated Marlene Perkins, vice president of Corporate and Community Relations at United Spinal.
“Learning about your Social Security and Medicare benefits may be the smartest investment you can make in your finances and health,” said Tai Venuti, Allsup’s manager of Strategic Alliances. “I guarantee you it will be 60 minutes well-spent, especially if you have a spinal cord injury or disorder such as multiple sclerosis.”
“So often people come up to me after a presentation and say, ‘I wish I had known earlier what you told us today,’ ” Venuti added.
The United Spinal/Allsup webinar also will cover all the parts of Medicare: Medicare Parts A, B, C and D, plus Medigap and their significance for people with disabilities.
Allsup is a nationwide provider of Social Security disability, Medicare and Medicare Secondary Payer compliance services for individuals, employers and insurance carriers.
You can register for the webinar here.
Don’t forget to check out our webinar archives, where you can check out all of our past webinars online in one place!
In April 2012, Mayor Michael Bloomberg rolled out the next version of New York City’s fully-INaccessible yellow taxi cab–Nissan’s NV200.
“This taxi for the 21st century was designed from the inside out and the result is the safest, most comfortable, most passenger friendly taxi to ever hit our streets,” said Bloomberg.
Yes, it’s comfortable alright, for everyone except people with disabilities. Believe it or not, in 2012 discrimination is still alive and well–in New York of all places.
Despite all the bells and whistles the City enjoys touting, accessibility is not one of the key features of this new cab. This is a slap in the face, not only to all New Yorkers who use wheelchairs, but the entire disability community–including tourists who travel here thinking much of City will be accessible to them.
United Spinal Association believes NYC’s Taxi of Tomorrow is an insult to our community and the court decision that required meaningful access we had fought hard to secure. Without a fully accessible taxi fleet, people with disabilities will continue to be restricted access to the Big Apple and all it has to offer.
The Bloomberg administration and Commissioner Yassky have excluded United Spinal and other disability advocates access to the city’s Taxi of Tomorrow and any planning surrounding it.
Despite the false reassurance that an accessible version of the Nissan NV200 will be available, the truth of the matter is that the NYC’s entire future taxi fleet should be fully accessible–not just a small percentage.
Why? That’s easy.
-Taxi access will permit spontaneous travel for wheelchair and scooter users making them more mobile and employable. They can come in early, work late and socialize without being cramped by advance-reservation-required paratransit (Access a Ride) rules.
-Government will save money as people with disabilities choose taxis instead of $60 per ride paratransit.
-And Medicaid, Vocational Rehabilitation, and the Department of Veterans Affairs can transport patients and clients by taxi instead of ambulettes which can cost hundreds per ride.
It’s a shame that London, UK remains ahead of the curve with a fully accessible taxi fleet, while New York City lags behind. Nice job Mayor Bloomberg, you continue to amaze us.
Tom Scott
Staff Writer
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