THE ASSEMBLY STATE OF NEW YORK ALBANY

MICAH Z. KELLNER 65th Assembly District

COMMITTEES Banks Cities Consumer Affairs and Protection Steering Corporations, Authorities, and Commissions Racing and Wagering

December 19, 2011 Honorable Andrew Cuomo Governor of New York State NYS Capitol Building Albany, NY 12224 Re: A.8496/S.5825 Dear Governor Cuomo: As a New Yorker with a disability, I want to thank you for the open and deliberative way in which you have considered the livery street hail bill (A.8496/S.5825). While this legislation has the laudable goal of establishing new taxi service for the outer boroughs, it has a major flaw: ignoring the requirements of the American with Disabilities Act (ADA) and failing to provide any meaningful service for wheelchair users. I am grateful that you are focusing on this issue. As the author of two reports that document the New York City Taxi and Limousine Commission's (TLC) failure to provide service to wheelchair users, I can attest to the fact that accessibility in New York Citys taxi and livery fleets is practically non-existent. A mere 232 yellow cabs are wheelchair accessible out of a fleet of 13,237 and only 21 out 495 livery bases can meet the wheelchair accessible service requirements of the TLC. Signing the livery street hail bill into law would only further increase the inequality of the taxi and livery fleets in New York City. All too often the City has pursued policies and legislation that fail to consider the needs of people with disabilities. That is why in March of this year, I initiated a Department of Justice (DOJ) investigation into whether the City has been blatantly disregarding the ADA when it comes to providing access to New York City's yellow taxi system. The DOJ has since joined the civil suit Noel v. TLC, which claims that the 232 taxis are not sufficient to provide meaningful access for people with disabilities and allege that the TLC has willfully disregarded federal and city statues in the regulation of the taxi and livery fleets. The author of the Americans with Disabilities Act, U.S. Senator Tom Harkin (D-Iowa), has repeatedly expressed that the basic premise of the ADA is that when you are creating something new, it should be accessible to all. Unfortunately, Mayor Bloomberg has refused to accept this principle. Not only did he select an inaccessible delivery van, the Nissan NV200, as the Citys Taxi of Tomorrow, but the original version of the livery street hail bill didnt include any accessible vehicles at all. In fact the Mayor has shown repeated disdain for the rights of 654 Legislative Office Building, Albany, NY 12248 (518) 455-5676, FAX (518) 455-5282 1365 First Avenue, New York, NY 10021 (212) 860-4906, FAX (917) 432-2983
E-mail: KellnerM@assembly.state.ny.us

New Yorkers with disabilities. The Mayor's behavior is even more puzzling when ninety percent of the taxi and livery industry concede that they can and must do a better job serving wheelchair users. I know that by working together we can ensure that wheelchair users are no longer discriminated against. In June, the Assembly passed meaningful legislation, A.4406, which would accomplish a major goal of the Taxis for All Campaign by requiring that all new taxis in New York City be accessible beginning in 2014. This bill not only provides access to wheelchair users, it takes steps to save the city much needed revenue. By having a new pool of accessible vehicles, the Metropolitan Transit Authority could reduce the operating costs of its Access-aRide program by as much as $100 million. While some people have tried to limit this debate to improving transportation for the outer-boroughs or closing the Citys budget gap, I appreciate that you recognize first and foremost, this is a civil rights issue. I respectfully request that you veto the livery street hail bill so that any future legislation can be informed by the pending decision in the Federal lawsuit Noel v. TLC. I am confident that when the Legislature returns to Albany in January, we can create a plan that will provide meaningful access to all New Yorkers, whether they are on two feet or four wheels. Thank you for your leadership on this important civil rights issue. Sincerely,

Micah Z. Kellner Assembly Member