Subway Station Fix-Ups Must Include Elevators, Feds Say

NEW YORK — The MTA must include elevators in certain subway station renovation projects regardless of the cost after a landmark federal court ruling, the Manhattan U.S. attorney said Wednesday.

The MTA's fix-up of the Middletown Road station on the 6 line was expansive enough to trigger accessibility requirements under the Americans with Disabilities Act, U.S. District Judge Edgardo Ramos ruled Tuesday in a lawsuit over the project.

With the decision, the MTA is "on notice" that it has to install an elevator — no matter how expensive — whenever a renovation affects the station's "usability" unless it's not feasible to do so, U.S. Attorney Geoffrey Berman said.

"Individuals with disabilities have the same rights to use the New York City subway system as every other person," Berman said in a statement. "The Court’s decision marks the end of the MTA treating people with disabilities as second-class citizens."

In their 2016 lawsuit, two disabled Bronx residents and two nonprofit groups alleged the Middletown Road project violated city and federal laws. The renovation, completed in May 2014, replaced stairways, walls, ceilings and platforms, among other things, but did not include an elevator to help disabled riders access the station.

The U.S. Attorney's Office, which joined the suit in March 2018, noted that the MTA was denied federal funding for the project because it did not comply with the Americans With Disabilities Act.

The MTA argued the work triggered one section of the law that requires parts of facilities to be made accessible only if doing so would not be disproportionately expensive, according to Ramos's decision. But the advocates argued another section of the law applied that says accessibility improvements must be made no matter the cost, the decision says.

While he ruled that both provisions apply, Ramos shot down the MTA's claim that the one without a cost ceiling did not apply.

Advocates involved in the case hailed the decision as a major victory for disabled riders who struggle to navigate a subway system in which only about a quarter of the stations are accessible. That makes it the country's least accessible major transportation system, according to the nonprofit Disability Rights Advocates.

"This ruling highlights why the New York City subway system remains overwhelmingly inaccessible to people who cannot use stairs," Michelle Caiola, the group's managing director, said in a statement. "If MTA had been complying with the ADA over the past twenty-five years by installing elevators when it performs station renovations, we would be closer to full accessibility today."

The MTA has moved to prioritize accessibility. The agency plans to install elevators at 50 additional stations after five years so that no rider is ever two stops from an accessible station.

But it's not feasible to include elevators in every station renovation, nor does every project require them, the MTA says. The agency said the court must address the infeasibility concerns it pointed out years ago about the Middletown Road project. Advocates were advised of such issues before the lawsuit was filed, the MTA said.

"The MTA is steadfastly committed to improving access throughout the subway, with a hard and fast goal of making 50 additional stations accessible over five years. We’re not wavering from that commitment," Max Young, the MTA's chief external affairs officer, said in a statement.