[nagdu] Article: Taxi Ruling could set new standard for cityservices

[Natalie]

Interesting.  Curious to see how this fans out.
Best,
Nat and Liam Joshua

----- Original Message ----- 
From: "Steven Johnson" <blinddog3 at charter.net>
To: <wagdu at nfbwis.org>; "NAGDU Mailing List,the National Association of 
Guide Dog Users" <nagdu at nfbnet.org>
Sent: Monday, January 23, 2012 5:56 PM
Subject: [nagdu] Article: Taxi Ruling could set new standard for 
cityservices


> Although at first this may not appear to be service-dog related, please 
> keep
> in mind that ADA Title III and those provisions under this title also
> include service dogs.
>
>
>
> The following article is forwarded to you by the Great Lakes ADA Center
> (www.adagreatlakes.org) for your information:
>
>
>
> Thomson Reuters News and Insights
>
> January 20, 2012
>
>
>
> Taxi ruling could set new standard for city services
>
> Reporting By Basil Katz
>
> When a federal judge last month ruled that New York violated federal laws
> because it lacked wheelchair-accessible taxis, disabilities advocates
> celebrated a major victory.
>
> The December opinion by Manhattan federal judge George Daniels may have 
> set
> a new standard for what kind of municipal services in New York and other
> cities fall under the Americans with Disabilities Act.
>
> Since every city is organized in a different way, it is difficult to name
> specific services or agencies that would be affected. But applied broadly,
> Judge Daniels' taxi ruling could be applied to other city agencies that 
> are
> active regulators, said Robert Dinerstein, a professor at American
> University's law school.
>
> In his December opinion, Judge Daniels found that New York City's taxi
> authority violated Title II, section A of the ADA because the authority 
> has
> an active regulatory role in maintaining and overseeing the taxi fleet --
> thus acting as a public entity proving a public service.
>
> By finding that the taxi authority qualified as performing a public 
> service,
> Dinerstein said, the judge potentially expanded the definition of what
> constitutes a public service by a city agency or policy for purposes of 
> the
> ADA.
>
> The decision could have ramification beyond New York because it recognizes
> that licensing of medallions is considered a program or activity of a 
> public
> entity, he said.
>
> "While you could say that not every city does the licensing of taxis the 
> way
> New York does, it certainly could be analogized to other situations where 
> a
> city agency is either regulating what's going on or, like here, where you
> could not legitimately run a taxi unless you went through the process,"
> Dinerstein said.
>
> This week, the judge upheld that opinion, and denied a motion by New 
> York's
> Taxi and Limousine Commission (TLC) to freeze his order. The city has also
> filed a notice of appeal with the 2nd U.S. Circuit Court of Appeals.
>
> Daniels ordered New York City to create a plan to improve access and --
> pending his approval of such a plan -- required that any new taxis added 
> to
> the fleet be wheelchair accessible.
>
> The ruling is likely to cause an additional headache for lawmakers in 
> Albany
> who have been hashing out legislation to address the New York taxi issue.
>
> In his at-times indignant opinion, Daniels said the TLC's policies
> discriminated against the handicapped and cited the fact that only 232 of
> the city's 13,237 cabs are wheelchair-accessible.
>
> "The TLC's exercise of its regulatory authority alone has created the
> discriminatory effects on disabled riders who require the use of
> wheelchairs," Daniels wrote.
>
> The TLC disputed that interpretation and maintains it is not subject to 
> the
> ADA, and that its role is more limited to acts such as dispensing taxi
> medallions.
>
> "We respectfully disagree with the court's decision because the ADA
> specifically exempts taxicabs from having to be wheelchair accessible,"
> Robin Binder, of the New York City Law Department, said in a statement. 
> She
> said the city is "considering the next steps to take in court in light of
> this ruling."
>
>
>
> JUSTICE DEPARTMENT GETS INVOLVED
>
> The New York case was also notable because of the involvement of the U.S.
> Justice Department, which intervened against the TLC in October.
>
> It is an illustration of how the Justice Department under the Obama
> administration has been aggressively pushing an expansion of the ADA in
> federal court, said Samuel Bagenstos, a professor at the University of
> Michigan Law School and the former U.S. Deputy Assistant Attorney General
> for Civil Rights. "It's a strategy that extends beyond taxi cabs and
> transportation issues to the entire sweep of the ADA," he said.
>
> The case is Christopher Noel et al v. New York City Taxi and Limousine
> Commission et al, U.S. District Court for the Southern District of New 
> York,
> No. 11-00237.
>
>
>
> Source:
> http://newsandinsight.thomsonreuters.com/Legal/News/2012/01_-_January/Taxi_r
> uling_could_set_new_standard_for_city_services/
>
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