Feds, MTA at odds over ADA compliance effortsBy
When it comes to the Americans with Disabilities Act, the MTA has a rather tortured history with accessibility improvements the agency needs to make. Due to ever-spiraling costs and issues regarding available space, the agency has likely not fulfilled its obligations to make stations accessible during rehabilitation work, and it has hid behind the shield of its list of 100 Key Stations that will be fully accessible within the next few years. A new report though exposes these efforts for what they were: insufficient and likely wasteful.
Most recently, the MTA has used accessibility issues to stonewall on reopening closed entrances. The agency has claimed at various points that restoring station access via entrances closed in the early 1990s would trigger ADA requirements that make efforts to reopen closed stairways cost-prohibitive. That seem concern didn’t lead the agency to make the Smith-9th Sts. station fully accessible during a multi-year, multi-hundred-million dollar renovation effort, but I digress.
Late last week, Andrew Tangel of The Wall Street Journal brought some attention to this issue. I quote at length:
The cost of making the New York City subway more accessible for disabled riders could rise by more than $1.7 billion as federal regulators prod the Metropolitan Transportation Authority to add elevators to more stations in the 111-year-old system. The higher price tag through 2019 for subway-station improvements represents an unforeseen potential expense for the MTA as it struggles to pay for a backlog of repair and expansion projects…
At issue is how the nation’s largest transit system complies with the Americans with Disabilities Act, a 1990 federal law aimed at making public spaces accessible to those who have difficulty climbing stairs and may rely on a cane or wheelchair. The MTA quantified the potential increase in station costs in a recent filing for investors who buy the authority’s bonds, citing stricter federal guidelines for complying with the 25-year-old law. The Federal Transit Administration’s push is the latest bout in a decadeslong fight over making MTA’s sprawling network more accessible for the disabled. Advocates for the disabled and a former top MTA official say the authority has moved too slowly in making the city’s now 469 subway stations more accessible. An MTA spokesman said the authority is sensitive to disabled riders’ needs and has been working to improve accessibility…
As pressure to accommodate disabled passengers began to grow years ago, the MTA and other transportation agencies around the country invested in making bus systems more accessible and paratransit services that offer automobile rides for the disabled, said Howard Roberts, a former top official at the MTA. “It turns out that was a horrendously bad decision,” Mr. Roberts said. “It probably has turned out to be … a hundred times more expensive to go with buses and paratransit than it would have been to bite the bullet and simply rehabilitate the stations and put elevators in.”
…The federal government, which provides a major chunk of funding for transportation funding nationwide, aimed to clarify how local agencies should comply with the law, this former federal official said. That could mean triggering ADA-required improvements—including expensive elevators—sooner than local agencies might have planned. That has resulted in a behind-the-scenes tug of war between federal and MTA officials. Inside the MTA, officials have balked at the suggestion the agency must install elevators when it makes repairs to subway-station staircases, according to people familiar with the matter…A Federal Transit Administration spokeswoman said in an email that the agency has been “advising MTA for years to comply with ADA during renovation projects.”
You may wonder why no one has sued the MTA over ADA violations, and this is a question I’ve asked recently as well. I’ve been led to believe that the disabilities advocacy groups are facing funding issues and simply have not been able to raise the money to fund the lawsuits necessary to force the MTA’s hand on this issue. (Roberts’ words too are rather damning for similar reasons.)
As you can see, the feds are applying pressure as they can — which could end up jeopardizing the MTA’s access to certain federal dollars — but ultimately, this is an issue of misplaced priorities and lost opportunities. We can debate for hours whether the ADA, an unfunded federal mandate, is a net positive for everyone, but the MTA should be creating an accessible system that doesn’t rely on the money-suck that is Paratransit. For the dollars flushed down the drain, the MTA could have vastly expanded elevator access at subway stops around the city. Instead, only 22 percent of stations are accessible, and as the population ages, this problem will become more pronounced. Your ideas for solving this are as good as mine, but the MTA could start by reassessing its interpretation of the ADA.