S.L. cab companies win wheelchair retrofit suit

Salt Lake's cab companies won't have to retrofit their vans to accommodate bulky wheelchairs, an appeals court has ruled.

The ruling this week by the 10th Circuit Court of Appeals in Denver supported the claims of three taxi companies — Yellow Cab, City Cab and Ute Cab — that they shouldn't have to make all their vans accessible for mechanized wheelchairs. The Disability Rights Action Committee, a group of local activists, had sued the companies in 2004 under the Americans with Disabilities Act, seeking to force the companies to provide wheelchair accommodations in new vehicles, but the meaning of "new" was disputed.

The ADA required that new vehicles be accessible and usable by individuals with disabilities. The committee said that the taxicab companies all operated new vehicles, which it defined as those vans manufactured after the ADA went into effect in 1990. The cab companies, however, argued that "new" meant vehicles that had not been used, and the companies buy a significant number of used taxis to save money.

Judge Paul Kelly at the 10th Circuit Court wrote that although the ADA did not define "new," it also has not required "all accommodation at any cost for all disabilities."

"A taxi fleet consisting entirely of non-accessible vehicles would be in accord with the ADA," he added.

The "new" vehicles referenced in the ADA are most likely ones that never have been used, Kelly wrote, drawing on a definition from the U.S. Department of Transportation.

"Our expectations were great," said Barbara Toomer, a member of the committee that filed the lawsuit. "But they chose to look on it in a little different manner."

An appeal to the decision would go to the U.S. Supreme Court, and Toomer did not know Thursday whether the committee would pursue one.

The taxi companies, though, were relieved, said their attorney, Don Winder.

"We had thought that this was a correct interpretation of the law," he said. "Now the 10th Circuit Court of Appeals in Denver has agreed."

The taxis are governed by Salt Lake City ordinance, and last fall the City Council started requiring the companies to dedicate at least one vehicle per company to handle requests for wheelchairs. The companies contract with Gold Cross Ambulance for that service.

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E-mail: kswinyard@desnews.com