12-41-cvNoel v. New York City Taxi & Limousine Comm’n
UNITED STATES COURT OF APPEALS
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FOR THE SECOND CIRCUIT
34August Term, 2011567(Argued: April 19, 2012 Decided: June 28, 2012)89Docket No. 12-41-cv1011- - - - - - - - - - - - - - - - - - - - - - -x1213
CHRISTOPHER NOEL; SIMI LINTON; UNITED SPINAL, a
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nonprofit organization; TAXIS FOR ALL CAMPAIGN,
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a nonprofit organization; 504 DEMOCRATIC CLUB,
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a nonprofit organization; DISABLED IN ACTION, a
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nonprofit organization,
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PLAINTIFFS-APPELLEES,
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-v.-
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NEW YORK CITY TAXI AND LIMOUSINE COMMISSION, a
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charter mandated agency; DAVID YASSKY, in his
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official capacity, as Commissioner of the New
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York City Taxi and Limousine Commission,
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DEFENDANTS-APPELLANTS.
2930- - - - - - - - - - - - - - - - - - - - - - -x3132Before:JACOBS, Chief Judge, KEARSE and HALL,33Circuit Judges.343536
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Appeal from a temporary injunction entered in the1United States District Court for the Southern District of2New York (Daniels, J.) requiring all new taxi medallions and3street-hail livery licenses issued in the City of New York4be limited to vehicles that are wheelchair accessible. We5conclude that defendants are not in violation of Title II,6Part A, of the Americans with Disabilities Act and that the7district court therefore erred in granting partial summary8judgment for plaintiffs and entering the temporary9injunction.10Vacated and remanded for entry of partial summary11judgment for defendants and further proceedings consistent12with this opinion.13Michael A. Cardozo, Corporation14Counsel of the City of New York15(Leonard Koerner, Robin Binder,16Michelle Goldberg-Cahn, Ronald E.17Sternberg, on the brief), for18Defendants-Appellants.1920Sid Wolinsky (Julia Pinover, Mary-21Lee Smith, Kara J. Janssen, on the22brief), Disability Rights Advocates23(Allegra L. Fishel, Outten and24Golden, LLP, on the brief), for25Plaintiffs-Appellees.2627Richard D. Emery (Emery Celli28Brinckerhoff & Abady LLP), for29Taxicab, Limousine & Paratransit30Association as amicus curiae in31support of Defendants-Appellants.32
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DENNIS JACOBS, Chief Judge:1Two people who use wheelchairs and the organizations2that represent persons with disabilities bring this class3action against the New York City Taxi and Limousine4Commission (“TLC”) and the TLC Commissioner David Yassky for5violation of Parts A and B of Title II of the Americans with6Disabilities Act (“ADA”), the Rehabilitation Act of 1973,7and the New York City Human Rights Law. The United States8District Court for the Southern District of New York9(Daniels, J.) granted plaintiffs partial summary judgment as10to liability on the claim that defendants are violating Part11A of Title II of the ADA (“Title II(A)”) by failing to12provide meaningful access to taxi services for persons with13disabilities. The district court also entered a temporary14injunction that requires that all new taxi medallions and15street-hail livery licenses be limited to vehicles that are16wheelchair accessible (“accessible taxis”), until the TLC17proposes and the district court approves a comprehensive18plan to provide meaningful access to taxi service for19wheelchair-bound passengers.20Defendants appeal the injunction and the grant of21partial summary judgment upon which the injunction is22premised. Appellate jurisdiction exists to review the23injunction and the underlying merits that relate to it. We24
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