NEW YORK - New York City's Metropolitan Transportation Authority systematically excludes people with disabilities, according to a claim in two class-action lawsuits filed Tuesday.

A coalition of disability-rights groups filed the lawsuits in state and federal court. They allege that the MTA's failure to install elevators in most of the city's 472 subway stations is a violation of the city's human-rights law. According to Susan Dooha, executive director of the Center for Independence of the Disabled, New York, more than a half-million New Yorkers have some kind of disability that makes it difficult or impossible for them to use stairs.

"Right now, only around 20 percent of New York City subway stations are accessible," she said, "and it's actually even less than that when you think about the frequent elevator outages."

The MTA has said it is committed to making 100 stations fully accessible by 2020. However, according to the group Disabled in Action, at the current rate it will take the MTA more than 100 years to make the entire system wheelchair-accessible. Dooha stressed that the lawsuits are not seeking monetary damages.

"We're asking for a plan to maintain the existing elevators and to make the entire subway system accessible for people with disabilities within a reasonable time frame," she said.

In other cities such as Boston, Philadelphia and Chicago, Dooha said, more than half of the stations are wheelchair-accessible now.

A 2016 study estimated it would cost less than $2 billion to make all subway stations accessible. Dooha said the MTA already has spent more than $100 billion on improvements and has a capital budget of more than $29 billion.

"The resources are there; the law is there requiring it," she said. "We're willing to allow that they do it in a reasonable time frame, as long as they achieve milestones along the way."

She added that it's been 27 years since the Americans with Disabilities Act was passed, and said it's time for the MTA to obey the law.

More information is online at dralegal.org.


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DENVER -- Students with disabilities in Douglas County won some time after a federal judge ruled last week a new county health department order making mask-wearing optional in school would put students at risk of irreparable harm.

With a new conservative-leaning school board set to take over at the end of the month, the reprieve could be short-lived.

David Monroe, director of legal services for Disability Law Colorado, said if the new board decides to embrace the county's health order, students and families would be back at square one.

"What's at stake here is the right for -- especially students with disabilities -- to have a right to get the same public education every other child does," Monroe outlined. "But to get that education in an atmosphere which is safe to them, that does not compromise or jeopardize their health."

Families of students with disabilities and the Douglas County School District took the county's new health department to court, arguing making masks optional was a violation of the 1990 Americans with Disabilities Act.

Last week, a U.S. district judge ordered the health department to stop enforcement of the order for 14 days. County health officials disagreed with the judge's decision, and claimed the order strikes the right balance between public health and parental choice.

Children with disabilities frequently face serious health challenges, and Monroe pointed out many parents pulled their kids out of school during COVID surges, uncertain if mask mandates were being followed.

When kids aren't in school, Monroe argued they are losing out on their right to an appropriate public education.

"They are children who have had health issues that may leave them immunosuppressed or immunocompromised," Monroe explained. "They can be at a much higher risk of having a very serious health outcome if they get COVID."

The Douglas County School District's president welcomed the court's temporary restraining order, and said in a statement no one should have to choose between sending their children to school and putting their health at risk.

NEW YORK -- National Disability Employment Awareness Month is nearly over, but advocates in New York said there is more progress to be made beyond October.

People with disabilities across all age groups are far less likely to be employed than those living without a disability, according to the U.S. Bureau of Labor Statistics.

Dr. Sharon McLennon-Wier, executive director of the Center for Independence of the Disabled in New York (CIDNY), pointed out people with disabilities also have the highest poverty levels. She is blind, and said stigma is not the only barrier to break down.

"We first have to get trained, we have to get the educational assistance that we need to get trained for a profession," McLennon-Wier explained. "And then, we have to have a profession that actually has available jobs for people with disabilities."

Last year, a report by RespectAbility.org ranked New York 41st in the U.S. for the largest employment gap between workers with and without disabilities.

CIDNY and other advocacy groups support measures like a state bill to increase labor-force participation by mandating 7% of hires among state agencies, courts and the legislature courts be individuals with disabilities. The bill is in an Assembly committee.

Having unreliable transportation is another barrier to employment. In New York City, only one-quarter of more than 470 MTA train stations are accessible to people with disabilities.

McLennon-Wier noted the inaccessible stations are concentrated in the Bronx, Brooklyn and Queens.

"And the stations that really need the most access are typically in minority neighborhoods," McLennon-Wier emphasized. "And in those minority neighborhoods, you'll find a lot of people of color who have disabilities. And they're the ones that really need the elevators to get and use the train."

New Yorkers with disabilities can use Access-a-Ride to get to other boroughs, but she said the service frequently has delays, and long rides from making multiple stops. While the MTA is slated to make more stations accessible under its current capital plan, CIDNY and other advocates are pushing for Access-a-Ride to implement more direct routes and single rides.

LIBERTY, Mo. - Advocates for people with disabilities are looking for more accountability in Missouri for enforcing people's rights under guardianship.

Adults who are unable to make certain decisions on their own are sometimes appointed a guardian, and if there's no family member or trusted friend to fill that role, an elected public administrator can do so.

Jonathan Martinis, an attorney and senior director for law and policy at Syracuse University's Burton Blatt Institute, noteed that Missouri law says all guardians, including public administrators, are required to submit an annual report on how they're caring for their ward, and people with concerns can ask the court for a review. However, he said, having a law in place isn't always enough.

"Accountability laws are only as good as the commitment of the oversight entities," he said. "Are the judges going to conduct this oversight? Are people going to demand the accountability? And that's the real question."

Martinis said guardians are empowered to make almost all decisions for their wards. He explained that most state laws say people should only lose the rights they are truly incapable of exercising, although most guardianships result in the person losing almost all rights.

Rita Richards, a special-education teacher in Clay County, has been fighting to get access to Zach, a former student who's under guardianship. They kept in touch after he graduated from high school and became close with her family. However, Richards said, she noticed changes in Zach's care when a new public administrator was elected - and when she raised concerns, she was prohibited from seeing Zach. She said he was then moved out of the county.

"When they moved him to Jackson County, it also resulted in a more restrictive placement, because now he didn't have a job," she said. "There's no checks and balances. Everybody just takes the public administrator's word for it."

Richards said she thinks many PAs have their wards' best interests in mind. However, she said her experience, and accounts she's heard from others facing similar challenges, confirm her views that more attention must be paid to ensure that people with disabilities retain some of their rights.