Second Circuit Held that Central New York Municipal Transit Services Changes in Signage Without Additional Structural Changes to Accommodate Passengers Utilizing Wheelchairs Did Not Violate Accessibility Provisions of ADA

In an interesting matter addressing the requirement of busing operations to comply with the American Disabilities Act (ADA), the plaintiff argued that the defendants failed to comply with the ADA on numerous grounds. As an initial matter, the plaintiff argued that the defendants failed to make structural changes, including installation of wheelchair-accessible landing pads at existing bus stops and, in turn, when the defendants added signage denoting wheelchair accessible stops, they were negligent for failing to then make the aforementioned structural changes. The Second Circuit held that the ADA does not require structural changes if the bus stops are otherwise accessible. The lack of these changes did not deprive the plaintiff of “meaningful access” to bus service. Moreover, the Second Circuit noted that the defendants had made non-structural changes, such as allowing drivers of paratransit buses to slightly alter bus stops and drop-off points for safety purposes.