Media Release
| For Immediate Release | Contact | Phone |
| November 29, 2006 | Phyllis Salowe-Kaye | 973-643-8800 ext. 14 |
New Jersey Citizen Action Announces Lawsuit vs. NJ Transit
On Behalf of People With Disabilities
Trenton, NJ — Today, New Jersey Citizen Action (NJCA) held a press conference at the State House to announce the filing Tuesday November 28 of individual lawsuits by plaintiffs with disabilities by their attorney Robert Westreich of Brookside in Morris County. Phyllis Salowe-Kaye, Executive Director of Citizen Action, stated, "I am appalled by the evidence in these complaints of blatant disregard for the laws prohibiting discrimination and the regulations requiring specific steps to provide transit access to persons with disabilities."
Paulette Eberle, Co-Chair of New Jersey Citizen Action's Board of Directors and Co-Facilitator of the Monday Morning Project Hudson County Network, part of a statewide disability advocacy network has been involved with Citizen Action and its disability efforts since 1999. "New Jersey Citizen Action has been the most responsive of any consumer organization in the US working with people with disabilities. The assistance NJCA has provided in the filing of this lawsuit has been invaluable. It is time that NJ Transit and the other providers of public transportation take the disability community needs seriously," stated Eberle.
NJCA has monitored disability access in public facilities for many years and has worked with the NJDHSS Developmental Disability Council through the Monday Morning Project and a variety of organizations on polling place accessibility campaigns for three years. Additionally, Citizen Action has obtained landmark disability loans and grants from banks for equipment not covered by health plans. Recently NJCA signed a CRA Commitment with Wachovia Bank to provide ATMs that are accessible to blind and visually impaired persons, and lowered counter services for wheelchair access to banking services. Wachovia's plan also addressed the needs of the physically challenged by creating two model bank branches that are designed to exceed ADA compliance standards.
The Plaintiffs
Paulette Eberle of Jersey City is blind and uses a Seeing Eye Dog to assist her. On July 6, 2006, she attempted to catch the # 84 NJ Transit bus from Union City to Journal Square. Two # 84 buses stopped for Ms. Eberle but refused her access because of her Seeing Eye Dog. She then tried to catch the # 88 to Journal Square operated by Academy Bus Company. Five # 88 buses passed without stopping and the sixth refused her access because of the dog.
On July 11, 2006, Ms. Eberle tried again to take the # 88 from Union City. The first # 88 allowed another passenger to board, and then pulled away as Ms. Eberle approached with her dog. The second # 88 slowed down, and then sped away as she approached with her dog. New Jersey law requires bus drivers to provide access to the visually impaired with service dogs.
Shonda Lewis, a resident of Newark who uses a wheelchair, boarded a New Jersey Transit train from Newark to Trenton in the summer of 2005 where the conductors made the bridge plate available for that purpose. Although Ms. Lewis advised the conductors that she would need that same service to disembark at Trenton, no conductor was present to offer that service. When her companion finally brought conductors to her car, they forcibly pulled Ms. Lewis and her wheelchair from the train. In December of 2005, Ms. Lewis attempted to board the NJ Transit bus # 25 to go home from a dental appointment. Three buses refused her access.
On April 12, 2006, Tyrone Lockett, also of Newark, requested use of the bridge plate to board a New Jersey Transit train from Newark Penn Station to Trenton. The conductor refused his repeated requests insisting he could only get on the train with the physical assistance of the conductor. On September 13, 2006, Mr. Lockett was in Jersey City and attempted to catch the # 5 New Jersey Transit bus. His companion stopped the bus and requested the driver to lower the lift so he could board. The driver refused and pulled away.
US Census data for the Newark and Camden Metropolitan Statistical Areas (MSAs) show that approximately 30% of their population are persons with disabilities under the meaning of the law, and that as many as 20% of these persons earn less than $25,000 annually or 125% of the Federal Poverty Level. The US Department of Housing and Urban Development (HUD) reports that 49% of its Fair Housing complaints are for discrimination against persons with disabilities. Even without discrimination by New Jersey Transit and its bus subcontractors / Academy and Community Coach, persons with disabilities in many of New Jersey's urban areas confront a life made more difficult by poverty and discrimination.
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New Jersey Citizen Action is the state's largest citizen watchdog coalition, representing more than 60,000 family members and over 110 affiliated organizations. 