De La Rosa v. MTA (Federal case)
In May 2019, DRA filed a civil rights class action lawsuit in New York against the Metropolitan Transportation Authority (MTA), challenging its prevalent, discriminatory practice of renovating New York City subway stations without installing elevators or other stair-free routes in blatant violation of the Americans with Disabilities Act (ADA).
This illegal conduct harmed hundreds of thousands of New Yorkers who use wheelchairs and other mobility devices, and also those who have heart or lung conditions, arthritis, or other disabilities that make it difficult, dangerous, or impossible to use stairs.
The lawsuit was filed on behalf of three individual plaintiffs and a broad coalition of disability groups, including Bronx Independent Living Services; Brooklyn Center for Independence of the Disabled; Center for Independence of the Disabled, New York; Disabled In Action of Metropolitan New York; and Harlem Independent Living Center. The law firm Sheppard Mullin Richter & Hampton LLP is co-counsel with DRA.
The lawsuit came on the heels of BILS.MTA, filed by DRA in 2016. That case, in which the U.S. government intervened, challenged the MTA’s failure to install an elevator as part of its seven-month closure and renovation of the Middletown Road station in the Bronx. In March 2019, Federal Judge Edgardo Ramos ruled that those renovations triggered accessibility obligations under the ADA regardless of how much those improvements cost. The ruling cast a spotlight on the MTA’s practice of ignoring accessibility during subway station renovations. The De La Rosa lawsuit focused on the same principle, but as applied to the MTA system-wide.
In June 2022, plaintiffs and the MTA signed a historic settlement agreement that will make accessible at least 95% of the NYC subway’s 364 currently inaccessible stations by 2055. This is a landmark achievement because only 113 stations have been made accessible since the subway was built in 1904. Read the Settlement Agreement here. In April 2023, the court granted final approval to the settlement agreement.
Under the Settlement Agreement, the MTA commits to dedicating 14.69% of each of its 5-year Capital Plan budgets to station accessibility, barring unexpected critical needs. Should such unexpected needs arise, the MTA commits to devoting no less than 8% of its total Capital Plan to station accessibility. Never before has the Capital Program mandated a minimum, let alone such a significant investment, in making stations accessible to people with disabilities. Additionally, the Agreement ensures that stations will be made accessible as part of many renovation and rehabilitation projects. In total, the MTA commits that in addition to the 81 stations currently slated for accessibility in the 2020-2024 Capital Program, 85 more stations will be accessible by 2035, another 90 by 2045, and the final 90 by 2055.
Case Files
- Read the Settlement Agreement
- Read the Complaint
- Read the Class Notice - English (Short Form)
- Read the Class Notice - English (Long Form)
- Read the Class Notice - Spanish (Short Form)
- Read the Class Notice - Spanish (Long Form)
- Read the Class Notice - Bengali (Short Form)
- Read the Class Notice - Bengali (Long Form)
- Read the Class Notice - Chinese Simplified (Short Form)
- Read the Class Notice - Chinese Simplified (Long Form)
- Read the Class Notice - Haitian Creole (Short Form)
- Read the Class Notice - Haitian Creole (Long Form)
- Read the Class Notice - Korean (Short Form)
- Read the Class Notice - Korean (Long Form)
- Read the Class Notice - Russian (Short Form)
- Read the Class Notice - Russian (Long Form)
Press Releases
- April 24, 2023: State and Federal Courts Grant Final Approval to Historic Settlement to Make the NYC Subway Accessible to People Who Need Stair-Free Access
- June 22, 2022: Disability Advocates and MTA Reach Historic Settlement to Make the NYC Subway Accessible to People Who Need Stair-Free Access
- May 15, 2019: People with Disabilities File Class Action Suit Challenging MTA’s Widespread Discriminatory Renovation Practices
Media Coverage
- September 9, 2024: amNY
Chelsea Residents, Advocates Fight to End ‘Accessibility Desert’ With Elevators at Local Subway Stations - September 6, 2024: Patch NYC
Protest Set After Congestion Pricing Delay Halts Subway Upgrades - September 4, 2024: New York Daily News
Opinion – Doing Right by Wheelchair Users – The MTA and TLC Must Treat Everyone Equally - August 30, 2024: Streetsblog NYC
They Want You – Massive Protest for Subway Elevators on Sept. 8 - June 17, 2024: West Side Rag
Sasha Blair-Goldensohn – Lifelong Upper West Sider Making Google and the Subway Accessible to All - March 20, 2024: New York Times
Opinion – New York’s Subway Is Still Not Safe, but Not for the Reason You Think - March 11, 2024: The Progressive
Smart Ass Cripple – Take Me Out to the Ballgame…Or Not - March 1, 2024: Able News
March 2024 Issue – Creating Systemic Change with Disability Rights Advocates (DRA) - February 29, 2024: Columbia Spectator
Assembly Member Daniel O’Donnell Criticizes Columbia for ‘Failure’ to Improve Accessibility at 125th Street Subway Station - November 27, 2023: amNY
Op-Ed – Miracle on 32nd Street – Making Penn Station, the Nation’s Busiest Transit Hub Accessible to All - November 3, 2023: Harlem World
The New York Community Trust Awards More Than $10 Million in New Grants to 64 Nonprofits - October 20, 2023: WNYC New York City
Navigating New York City’s Transportation System With a Disability - September 19, 2023: New York Daily News
Opinion – Congestion Pricing Assists Disabled New Yorkers - September 12, 2023: The Progressive
So Sue Me - September 1, 2023: 6SqFt
NYC Transit System Still Widely Inaccessible Despite Recent Improvements - August 31, 2023: New York Times
Disabled New Yorkers Face Long, Uncertain Timelines for Accessible Transit - August 2, 2023: WNBC New York City
MTA Announces Additional Fully Accessible Stations - August 1, 2023: WNYW New York City
Subway Accessibility – Disability Advocates Have Praise and Criticism for MTA’s Recent Actions on Elevators - July 31, 2023: New York Times
How a Congestion Pricing Windfall Could Upgrade the Subways - July 27, 2023: New York Daily News
Opinion – Making NYC Transit Open for All – The MTA Is Expanding Accessibility in Subway Stations and on Buses - July 12, 2023: Next City
Accessibility Lawsuits Are Bringing Slow but Steady Wins for Disabled City Residents - May 26, 2023: TGNCRIP
How The R211 Represents The MTA’s Relationship To Disabled People - May 21, 2023: Insider
25 Disappointing Photos That Show What It’s Really Like to Live in New York City - May 11, 2023: Legal Reader
State & Federal Courts Grant Final Approval to Historic Settlement to Make the NYC Subway Accessible to People Who Need Stair-Free Access - May 2, 2023: NY Daily News
Opinion – For Accessibility, Try Using Modern Technology - May 2, 2023: BK Reader
BK Disability Advocates Triumph in the Fight for Stair-Free Access in Subway Stations - April 28, 2023: NextCity
The Weekly Wrap – Making New York City’s Subway System Accessible - April 27, 2023: American City & Country
NYC Subway Authority Agrees to Make 95% Of Stations Accessible Under Settlement - April 27, 2023: Queens Chronicle
Courts Sign Off on Subway Access Deal - April 26, 2023: Disabled World
Historic Settlement to Make NYC Subway Accessible to Disabled - April 26, 2023: Smart Cities Dive
NYC Subway Stations to Get More Elevators, Ramps After MTA Legal Settlement - April 25, 2023: CityLife.org
State & Federal Courts Grant Final Approval to Historic Settlement to Make the NYC Subway Accessible to People Who Need Stair-Free Access - April 25, 2023: Brooklyn Eagle
What’s News, Breaking – Disabled Win Settlement to Make MTA Accessible - April 17, 2023: Inside Higher Ed
Opinion – Why the U.S. Can’t Build Critical Infrastructure - April 12, 2023: Empire State Tribune
Can New York City be Everyone’s “Campus?” - April 11, 2023: Planetizen
New York Must Make Almost All Subway Stations Accessible by 2055, Judge Rules - April 11, 2023: NY Times
How to Improve the M.T.A.? Experts Offer Five Ideas. - April 9, 2023: World Journal
New York City MTA Must Complete 81 Barrier-Free Stations Next Year and Install Elevators and Ramps for 95% Of Subways by 2055 - April 7, 2023: Spectrum News NY1
Disability Advocates Set to Secure Historic MTA Settlement - April 7, 2023: The City
Judge Approves MTA Deal to Make Subways 95% ADA-Compliant by 2055 - March 27, 2023: The City
Busted Elevator Lawsuit Still Stuck as MTA Vows More Lifts and Ramps in Subways - December 16, 2022: Law360
NY Transit Agency Promises Changes To End Disability Suits - December 13, 2022: The Ticker
Opinion – MTA’s Push for Accessible Stations Welcomed, but Overdue - November 28, 2022: Gothamist
MTA to Spend More Than $1B on Accessibility Upgrades - October 12, 2022: NYN Media
Why Have New York’s ADA Lawsuits Increased to No. 1 in the Country? - July 31, 2022: For Reports
Disability Rights NY Highlights Healthcare Inequity Among People With Disabilities - July 11, 2022: CGTN
New York Subway Stations Face Challenges in Accessibility Upgrades - July 10, 2022: NY Daily News
Readers Sound Off – Accessibility in Sight - July 1, 2022: BronxNet
Today’s Verdict – MTA Settlement Accessibility - June 30, 2022: Queens Chronicle
MTA Plan Settles Accessibility Suits - June 28, 2022: Construction Dive
New York Transit Authority to Upgrade Most Inaccessible Subway Stations by 2055 - June 28, 2022: Legal Reader
Disability Advocates & MTA Reach Historic Settlement to Make NYC Subway Accessible to People Who Need Stair-Free Access - June 28, 2022: Railway Age
Transit Briefs - June 26, 2022: amNY
Op-Ed – Tackling the MTA’s Biggest Challenges - June 25, 2022: Staten Island Advance
Landmark Settlement to Make 95% Of NYC Subways Accessible for People With Disabilities by 2055 - June 24, 2022: Progressive Railroading
MTA Settles Class-Action Lawsuits on Accessibility Issues - June 24, 2022: NY Daily News
Opinion – The Slow Train to NYC Subway Accessibility - June 24, 2022: Archinect
MTA Agrees to Make 95% Of Subway Stations Accessible by 2055 - June 24, 2022: BK Reader
MTA Agrees to Make Subway System More Accessible for the Disabled - June 24, 2022: Urbanize NY
MTA to Make 95% Of Subway Stops Accessible by 2055 - June 23, 2022: Intelligent Transport
MTA to Expand Accessibility in New York City Subway System With Historic Plan - June 23, 2022: 6SqFt
MTA Pledges to Make 95 Percent of Subway Stations Accessible by 2055 - June 23, 2022: Streetsblog NYC
A Historic Deal that Will Take Years - June 23, 2022: Bronx Times
MTA, Disability Advocates Reach Settlement to Improve Subway Accessibility, Seek 95% Compliance - June 23, 2022: Mass Transit
Most (But Not All) MTA Subway Stations Will Be Fully Accessible by 2055 Under Class Action Settlement Agreement - June 23, 2022: NY Daily News
Opinion – Delay Ahead – The MTA Is Slouching Toward Accessibility - June 23, 2022: Thrillist
NYC Will Make Its Subway System 95% Accessible by 2055 - June 23, 2022: Spectrum News NY1
MTA to Expand Accessibility to Most Subway Stations by 2055 - June 23, 2022: Smart Cities Dive
New York Transit Authority to Upgrade Most Inaccessible Subway Stations by 2055 - June 23, 2022: Gothamist
MTA Agrees to Make Bulk of New York City Subway Stations Accessible by 2055 - June 23, 2022: FOX5 NY
MTA to Make NYC Subway 95% Accessible by 2055 - June 23, 2022: amNY
Op-Ed – The MTA Is Finally Getting Serious About Catering to the Disabled - June 22, 2022: Bloomberg
MTA to Make 95% of New York Subway Stations Accessible by 2055 - June 22, 2022: NY Daily News
MTA Commits to Make 95% Of NYC Subway Stations Accessible With Elevators and Ramps Over Next 40 Years - June 22, 2022: The Hill
95 Percent of New York Subway Stations to Be Accessible by 2055, Officials Say - June 22, 2022: amNY
MTA Settles Lawsuits, Agrees to Make 95% Of Subway Stations Accessible by 2055 - June 22, 2022: NY Times
M.T.A. Vows to Make Subways 95% Accessible. It Will Take 33 Years. - June 22, 2022: Politico
New York Playbook - June 22, 2022: Brooklyn Eagle
MTA Commits to Making 95% Of Subway Stations Disabled-Accessible - June 22, 2022: NY Post
MTA Pledges More Elevators in ‘Historic Agreement’ With Disability Advocates - June 22, 2022: AP News
NYC Subways to Be More Accessible Under Lawsuit Settlement - May 15, 2019:
amNewYork