Middletown Road Subway Station Settlement Class Notice
The Court has scheduled a Fairness Hearing for January 25, 2024 at 10:30 a.m. It will be held in person at:
Thurgood Marshall United States Courthouse
Southern District of New York
40 Foley Square
New York, NY 10007
We will update this page if this date, time, place, or format changes for the hearing.
YOU MIGHT BE AFFECTED BY A PROPOSED CLASS ACTION SETTLEMENT ABOUT THE ACCESSIBILITY OF THE MIDDLETOWN ROAD SUBWAY STATION IN THE BRONX, NY
You might be a member of a proposed settlement class if:
- You have a mobility disability that prevents you from accessing the Middletown Road elevated subway station, serving the 6 train in the Bronx, because of the stairs at that station; and
- You would use the Middletown Road station if it were made accessible.
The proposed settlement agreement would settle a pending class action lawsuit brought by multiple disability rights organizations and individuals who use wheelchairs and scooters against the MTA on behalf of persons with mobility disabilities (including those who use wheelchairs or other mobility aids like walkers, crutches or canes).
The lawsuit Bronx Independent Living Services, et al. v. Metropolitan Transportation Authority, et al. Case No. 16-cv-5023 (ER) (S.D.N.Y.), alleges that that by doing a major renovation at the Middletown Road subway station in 2013-2014 and failing to add elevators to make the station accessible to people with mobility disabilities during that renovation, the MTA violated the Americans with Disabilities Act, Section 504 of the Rehabilitation Act of 1973, and the New York City Human Rights Law.
In 2023, the Parties reached a settlement in which the MTA agreed, subject to certain conditions, to make the Middletown Road station accessible in one direction of travel by installing one or more elevators at the station within a period of 7 years. Although the Settlement only requires the MTA to make the station accessible in one direction of travel, nothing in the Settlement keeps them from deciding to make both sides accessible.
To obtain copies of this Notice in alternative accessible formats or languages please email MiddletownRoad@dralegal.org, or call 332-217-2358.