June 5, 2019

Today was a big day for our state lawsuit which attacks the widespread inaccessibility of the subway system under the New York City Human Rights Law. Judge Hagler, ruling from the bench, denied the MTA and the City of New York’s motions to dismiss our case and ruled that our lawsuit can now go forward. As Judge Hagler stated “There has never been a decision from any court that has preempted the New York City Human Rights Law in the area of discrimination.  There can never be a situation where the state would license any agency to discriminate against any individual.”

He ruled that the MTA must answer our complaint in 20 days and set August 1st at 10AM as the date for our next status conference. The MTA is likely to appeal the Judge’s decision today before then which would delay the case for many months and change the above dates. We still have a long road ahead of us with regard to this lawsuit and our war for a more accessible subway is far from over. Nonetheless, today is a major victory in the battle and this ruling is definitely worth celebrating. Thanks to all for your advocacy both inside and outside the courtroom- it clearly mattered to the Judge and impacted his ruling.

Emily Seelenfreund

Fellowship Attorney

Disability Rights Advocates

655 Third Avenue, 14th Floor

New York, NY 10017


212 644 8644 Ext. 302 (Tel)

212 644 8636 (Fax)


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