Saturday, January 15, 2005

Lawsuit Filed Over Cab Access Dismissed

See this article by that title in the Salt Lake Tribune. The key passages:

In a ruling made public Wednesday, a federal judge threw out a lawsuit by Toomer and the Disabled Rights Action Committee that claimed three Salt Lake City cab companies were violating the Americans with Disabilities Act (ADA).

U.S. District Judge Dale Kimball rejected Toomer's argument that the companies -- City Cab, Ute Cab and Yellow Cab -- were discriminating by failing to provide vans that are accessible to people with disabilities. The judge said regulations implementing the ADA require only new vehicles to accommodate people in wheelchairs.

And Kimball agreed with the companies that new is defined as "a vehicle that is offered for sale or lease after manufacture without any prior use," rejecting Toomer's contention that "new" should mean any van, regardless of mileage, that was purchased after the ADA was implemented in 1992.
The opinion in Toomer v. City Cab Co., issued Monday, can be found here.


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