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July 02, 2012

Exercising licensing and regulatory authority


Exercising licensing and regulatory authority
Noel v NYC Taxi and Limousine Commission, USCA, Second Circuit, Docket 12-41-cv

Justia posted the following summary of a decision by the U.S. Court of Appeals, Second Circuit:

“Two people who use wheelchairs and organizations that represent persons with disabilities brought a class action against the New York City Taxi and Limousine Commission and the TLC Commissioner for violation of Parts A and B of Title II of the Americans with Disabilities Act, the Rehabilitation Act of 1973, and the New York City Human Rights Law.

"The district court granted plaintiffs partial summary judgment as to liability on the ADA claim and entered a temporary injunction, requiring that all new taxi medallions and street-hail livery licenses be limited to vehicles that are wheelchair accessible until the TLC proposes and the district court approves a comprehensive plan to provide meaningful access to taxi service for wheelchair-bound passengers.

"The Second Circuit vacated the temporary injunction as improvidently granted.

"Although the TLC exercises pervasive control over the taxi industry in New York City, defendants were not required by Title II(A) to deploy their licensing and regulatory authority to mandate that persons who need wheelchairs be afforded meaningful access to taxis.”

The decision is posted on the Internet at:
http://www.ca2.uscourts.gov/decisions/isysquery/60f3e1db-935e-46f7-85dd-1def5568b7b3/4/doc/12-41_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/60f3e1db-935e-46f7-85dd-1def5568b7b3/4/hilite/

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