New York City’s congestion pricing plan is embroiled in legal battles as a team of 16 lawyers prepares to take the issue to court. Among their claims is a fight for better accessibility on public transit.

“It had a major impact on people with disabilities far more than other people,” said Arthur Schwartz, general council with the Center for Independence of the Disabled.

Schwartz says the lawsuit will be filed within the next two weeks to push for the continuation of the congestion pricing program. This program was partly intended to fund improvements to the city's transit system, particularly for those with disabilities.

“The MTA had agreed to put elevators in 95% of stations by 2055, that was put on hold because of the pause,” Schwartz explained

Back in 2022, Gov. Kathy Hochul announced a class action settlement between the MTA and accessibility advocates. This settlement, praised by advocates, included plans to upgrade existing elevators and make stations safer.

“You know there are people that fall on the tracks not just because they’re pushed but people with disabilities,” Schwartz added.

Sharon McLennon Wier, an advocate who spoke at Comptroller Brad Lander’s congestion pricing coalition news conference in June 2024, also voiced her frustrations. “Accessibility is not just an elevator, and we were promised. We begged, we pleaded, we waited,” Wier said.

In addition to the disability rights lawsuit, other lawsuits are being filed arguing that the state has no authority to pause the congestion pricing, a law passed by the state Legislature. Environmental groups are also suing, claiming that the pause increases pollution, violating the state’s constitutional right to a clean environment.

“The MTA put like $750 million into putting the infrastructure in place which right now is standing around idle. I think the lawsuits have lots of legs,” Schwartz noted.

Schwartz believes that once litigation begins, it should take about a month. He is hopeful the court will rule in their favor.