MIND THE ACCESSIBILITY GAP: THE FIGHT FOR STAIR-FREE SUBWAYS

In enactingthelandmarkcivilrightslegislation the Americans with Disabilities Act ("ADA "), Congress recognized that accessible public transportation was "the linchpin which enables people with disabilities to be integrated and mainstreamed into society. "S. Rep. No. 101-116, at 1...

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Bibliographic Details
Published in:Stanford journal of civil rights & civil liberties 2024-09, Vol.20 (2), p.318-379
Main Authors: Atkinson, Torie, Seelenfreund, Emily
Format: Article
Language:English
Subjects:
Access
Advocacy
Court decisions
Discrimination
Elevators & escalators
Employment
Handicapped accessibility
Legislation
Mobility
People with disabilities
Public transportation
Rights
Subways
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Summary:In enactingthelandmarkcivilrightslegislation the Americans with Disabilities Act ("ADA "), Congress recognized that accessible public transportation was "the linchpin which enables people with disabilities to be integrated and mainstreamed into society. "S. Rep. No. 101-116, at 13(1989). Yet more than BOyears after the passage of the ADA, notone legacy public transit system in the United States is fully accessible to people with mobility disabilities. B o ston (7 6°/o a c cessible), Chicago (71% accessible), Philadelphia (7 4%o accessible), andNew York City (31% accessible) have failed to provide complete stair-free access despite multiple fed eral laws d esignedfor that very goa I. Disab Ui ty rights a dvocatesfoughtfor decades for the expansive protections of the Americans with Disabilities Act and its predecessor, Section 504 of the Rehabilitation Act. This Article explains how excessively narrow judicial decisions have nevertheless contributed to the current state of widespread inaccessibility. Part I of this Article considers theimportance of accessible transportation as a civil right essential to ending pervasive and longstanding dis crimination against people with disabilities. Partii examines the long hi st ory of disability rights advocacy that led to federal legislation and regulations intended to remedy persistent discrimination in transportation against people with disabilities. Part III reviews the ADA 's transportation mandates. PartIV highlights how courts have interpreted these laws too narrowly to actually achieve transportation accessibility. Part V surveys the effect o finad equate federal enforcement inpractice in Boston, Chicago, Philadelphia, and New York, and the resultinginaccessibility today. Finally, Part VI suggests strategies for advocacy to remedy this enduring discrimination.
ISSN:1553-7226
1553-7951