Class Action Lawsuit Filed in Federal Court
Seeks to Restore Medallion Holders' ADA Rights
By Bettina Cohen
A class action lawsuit that would restore the rights of disabled medallion holders under the Americans with Disabilities Act (ADA) was filed in federal court against the San Francisco Taxi Commission, Executive Director Heidi Machen, and the City and County of San Francisco, on June 26. Filed by attorneys Joseph M. Breall and Elliott A. Myles on behalf of two named plaintiffs and "all persons similarly situated" within the class of post-Proposition K taxicab permit holders, the suit was announced with a press conference at the Civic Center Plaza, across Polk Street from City Hall.
"We have to get the City and the Mayor to comply with federal law," said Breall, attorney for National Cab Company, Inc.
Post-K medallion holders who are unable to drive their cab a minimum of 800 hours per year face revocation of their taxi permit. Approximately 150 individuals currently have applications for ADA accommodation pending before the Taxi Commission. All potentially could be named as plaintiffs in the suit. The two named plaintiffs, William Slone and Michael Merrithew, are disabled medallion holders with National.
The press conference was attended by medallion holders, cab company managers Dan Hinds of National, and Cindy Ward of DeSoto Cab Company, and former taxi commissioners Jack Barry, Jane Bolig, Michael Kwok, Mary McGuire, and Marty Smith.
The five former commissioners underscored the fact that Machen, since stepping into the director post, has rescinded a permanent disability accommodation program adopted by former Executive Director Naomi Little and by the Taxi Commission in July 2003. Under that program, the medallion holder's disability had to be certified by Dr. Mitchell Katz, the City's Director of Public Health, who reviewed each case on an annual basis. This program required permit holders to arrange for the "continuous operation" of their cab, the language used in Prop-K, while allowing a modification or waiver of the Police Code that set forth a "driving requirement" years after the passage of Prop-K.
Disabled medallion holders at the press conference spoke of having multiple conditions that included diabetes, high blood pressure, glaucoma, prostate disorder, open heart surgery, respiratory disorders, and arthritis of the spine. Such cases have been denied an accommodation from the driving requirement under Machen's direction.
Public safety is very much at stake.
"Nobody wants to make a disabled person drive a cab," Medallion Holders' Association President Carl Macmurdo told a KTVU-2 reporter. Yet, the current environment has fostered a state of fear among medallion holders. As a result, many who have a disability are not applying for ADA accommodation, but are continuing to drive their cabs for fear of revocation.
The suit contends that the program adopted in July 2003 demonstrated that the "Commission could legally accommodate disabled post-Proposition K permit holders as required by the ADA," and requests a permanent injunction against revocation or suspension of plaintiffs' permits for failure to meet the driving requirement due to disabilities.
Read the complaint as filed in US District Court seeking declaratory relief and a permanent injunction.
Photos from the press conference
Attorneys Joseph Breall and Elliott Myles talk with Former Taxi Commissioner Martin Smith.
Cindy Ward of DeSoto and Dan Hinds of National.
The KTVU reporter sets up his camera.
Attorney Joseph Breall speaking.
MHA President Carl Macmurdo speaking with a reporter from KTVU Channel 2.
Former Taxi Commissioner Michael Kwok.
MHA's Anne McVeigh.
Members Dirk Neyhart and Michael Spain compare notes after the press conference.
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