City Will Make 158 Thousand Street Corners Accessible to Wheelchair Users
September 12, 2002

For Immediate Release
Contact: Donna Fredericksen
718-803-3782, ext. 283
Email Donna Fredericksen

In a landmark settlement of federal court litigation brought by the Eastern Paralyzed Veterans Association (EPVA), the City of New York (City) has agreed to commit approximately $218 million to make all of its 158,738 corners accessible to wheelchair users. The Stipulation of Settlement was approved and “so ordered” by United States District Judge Thomas P. Griesa of the United States District Court for the Southern District of New York on September 9, 2002. It takes effect immediately.

Title II of the Americans with Disabilities Act (ADA), passed by Congress in 1990, states that “Local and State governments are required to provide curb cuts on public streets.” Federal regulations required state and local governments to install curb ramps at all existing corners by January 26, 1995 or “in any event, as expeditiously as possible”. These regulations also required the creation, by July 1992 of a “transition plan” containing a year-to-year schedule for installing curb ramps at every street corner.

EPVA sued the City under these regulations because, by 1994, the City had not installed curb ramps at two-thirds of its street corners, and had no transition plan in place. When the City finally issued a “transition plan” five months after EPVA brought suit, the plan did not contain a schedule for ramping its 106,000 unramped street corners.

According to the settlement the City will commit a total of $217,862,000 for installation of curb ramps on all of the 61,074 corners remaining to be ramped (27,747 in Queens; 13,008 in Staten Island; 10,710 in Brooklyn; 7,007 in the Bronx; and 2,602 in Manhattan).

“We are gratified that the Bloomberg administration has embraced the need for timely and specific urban planning for the disabled. This settlement will enable every wheelchair user in New York to enjoy a basic federal right: to be able to cross from one side of the street to the other.” said Robert B. Stulberg Esq. of Broach & Stulberg, LLP, a New York City law firm concentrating in civil rights, labor and employment law who represented EPVA along with James J. Weisman, Esq., General Counsel for EPVA. Mr. Weisman added, “This settlement hastens the day when wheelchair users will face no barriers as they move around New York. We welcome the City as a partner in making every street corner in every borough accessible.”

This action by EPVA is part of the ongoing mission to ensure that all persons with mobility impairments can independently navigate New York City. In 1985 Mr. Weisman settled an EPVA lawsuit against Metropolitan Transit Authority (MTA), which resulted in accessible buses, subway stations and van services for people with disabilities. The settlement was the model for the ADA transportation provisions. Mr. Stulberg, a long time advocate for people with disabilities, represented the deaf community in a successful challenge to NYC’s plan to dismantle the street alarm call box system.

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