Accessible taxi ruling overturned

A federal appeals court struck down a ruling Thursday that would have required New York City to give taxi licenses only to vehicles that are wheelchair accessible -- disappointing advocates of the disabled upset that less than 2 percent of city cabs can accommodate wheelchairs.

The Second U.S. Circuit Court of Appeals ruled that the Americans with Disabilities Act doesn't require the city to demand that cabbies serve the disabled. Instead, the court ruled, in this case the ADA only bars the city Taxi & Limousine Commission from discriminating against disabled people seeking a license to drive a cab.

The law "prohibits the TLC from refusing to grant licenses to persons with disabilities who are otherwise qualified to own or operate a taxi," the justices wrote. "It does not assist persons who are consumers of the licensees' product."

The decision was a blow to advocates of the disabled, who had heralded the lower court ruling that declared access to such services "a basic civil right."

"We're disappointed. But this is Round One of what is likely to be a lengthy battle on many fronts," said Sid Wolinsky, director of litigation for Disability Rights Advocates, which represented some of the plaintiffs.

Wolinsky argued his group could still ultimately win the lawsuit through other arguments that weren't addressed in the appeals court ruling. But the city's disabled residents will suffer in the interim, he said.

"What's going to happen now is probably going to take many, many months and even years to decide," he said. "While that happens the New York City taxi fleet is 98.2 percent inaccessible, and that's not going to change any time in the near future."

City officials didn't immediately comment.