Advocates Push MTA to Prioritize Subway Elevator Fixes, Files Lawsuit

Transportation advocates and elected officials rallied on Sunday to push for the Metropolitan Transportation Authority to continue making all subway stations accessible for disabled riders. 

Although elected officials, including Senator Chuck Schumer, Public Advocate Jumaae D. Williams and New York City Comptroller Brad Lander were happy to see an elevator installed in Manhattan's Union Square station where they gathered over the weekend, they were also there to assist the Center for Independence of the Disabled NY (CIDNY)  in announcing a new lawsuit against the MTA regarding transit accessibility. 

The new suit, filed on Monday, says the MTA is violating the New York City Human Rights Law by cutting funding for new elevators and other accessibility upgrades.

In June, the MTA called accessibility upgrades “lower priority” when discussing what projects needed to be deferred due to the pause in congestion pricing. Of the 472 subway stations, just over 150 are fully accessible, making commuting for the disabled community and others a struggle, advocates said.

“The Disabled Community has waited for decades for an accessible subway system," said Dr. Sharon McLennon-Weir, the executive director of the CIDNY. "The disabled community is tired of waiting to take a train that is in an accessible station to travel to work, school, a religious institution, a date or even a medical appointment. Abled-bodied people would be disgusted with waiting for an essential right needed for day-to-day life."

Sunday's rally came a week after the MTA's 2025 - 2029 capital plan was unanimously approved. The plan outlines a $68.4 billion investment with plans to create 60 more accessible stations, in accordance with the American Disabilities Act (ADA). This would mean more than half of all city stations would be accessible.

That said, how the state would fund the five-year capital plan is the big question for advocates.

"Their new budget also is indicative of getting money from congestion pricing," said McLennon-Weir. "They didn't get the $15 billion the last fiscal cycle, so this new fiscal cycle again, is probably going to be cut if the pause is not lifted."

McLennon-Weir added the MTA may choose to work on three or five elevators which would give disabled riders some hope that by 2055, 95% of stations will be accessible, as per a settlement in April 2023.  But she's not convinced that would happen, indicating the MTA is behind on its projects.

Brooklyn's elected officials have also voiced concerns over the MTA's capital plan. State Assembly Member Jo Anne Simon said she has mixed feelings, especially how it did not mention any funding. However, she believed congestion pricing, which she voted for, is necessary. 

Williams also said the plan does not mention funding. 

"Without this critical funding to make the system’s infrastructure more accessible...progress is stalled, and it’s unclear at best where the funding in the new capital plan will come from," Williams said in a statement. "My office will continue to push to make our transit inclusive and accessible for all New Yorkers, and for the funding to make that possible that congestion pricing was set to provide."

Meanwhile in September, a rally was held outside the Hoyt-Schermerhorn station calling for reinstating congestion pricing. About 30 people, some representing transit advocacy organizations, gathered to urge Governor Kathy Hochul to un-pause the plan.

Kathy Park Price, the Brooklyn Organizer for Transportation Alternatives spoke during the event, calling congestion pricing a "crucial" piece of the puzzle. 

"There are no other options: the governor must reinstate congestion pricing, and fully fund the next capital plan. New York City cannot be the greatest city in the world when we have an outdated, underfunded, inaccessible, and ignored public transportation system."