New York’s subway system is struggling with over three dozen elevators that are frequently out of service, leading to frustration among critics who claim the MTA prefers to battle activists legally rather than fix them.
Currently, between 35 and 43 elevators—representing about 13% of the total—are down in busy stations like Times Square and Union Square. This ongoing problem has been noted on the MTA Elevator Status Page.
Meanwhile, the Metropolitan Transportation Authority has spent millions over eight years in litigation stemming from a class action lawsuit regarding a broken elevator, initially filed by a disabled New Yorker.
This lawsuit, which began in April 2017, has faced numerous delays—over 20, to be exact—with six judges, eleven lawyers from various firms, 20 depositions, and more than 10,000 pages of documents submitted.
Efforts by the MTA to dismiss the case have been unsuccessful, with defeats in federal appeals and rulings from a Manhattan federal court siding against them.
At a recent MTA board meeting, Jennifer Van Dyke from Elevator Action Network criticized the ongoing legal costs, stating, “Eight years of legal costs are a waste of money. We could use that money to repair the elevators.”
“We just want a working elevator. Instead, the MTA’s lawyers have racked up seven figures,” said Jessica Murray, an organizer with the elevator action group.
According to MTA records, more than $3 million has been spent fighting civil rights lawsuits, with a boutique law firm, Hoguet Newman Regal & Kenney, representing them.
The court has scheduled a settlement meeting for May 28, and if no agreement is reached, the case may go to trial.
The plaintiffs are not looking for monetary compensation; rather, they want the MTA to commit to ensuring at least a minimally functional elevator.
Murray mentioned the challenges station agents face when elevators are out of service, adding, “It’s just not that complicated.” Sasha Blair-Goldensohn, a wheelchair user and one of the plaintiffs, expressed frustration about the prolonged situation, saying, “It’s incredible how long this has taken. It’s deeply infuriating.”
Living on the Upper West Side, Blair-Goldensohn finds himself utilizing an elevator at Columbus Circle to get to his job at Google in Chelsea, estimating that one elevator has gone down roughly 300 times in the last four years.
He described the anxiety of discovering broken elevators, often met with signs explaining the malfunction.
Blair-Goldensohn recounted a time when FDNY had to be called to assist him up the stairs.
“This case should’ve been resolved ages ago,” said Daniel Brown, a lawyer for the plaintiffs, lamenting the lengthy process. “Ultimately, it’s about doing the right thing.”
The MTA did settle some cases in 2022, acknowledging the need for more accessible elevators in a system that is considered one of the least accessible in the country. Critics argue that installing new elevators may not be effective if existing issues continue to cause service interruptions.
The MTA claims that a recent settlement has increased the rate of elevator installations significantly compared to five years ago, although shutdowns for replacement projects are on the horizon.
“We haven’t shown real commitment to making transit accessible,” admitted Quemuel Arroyo, the MTA’s Chief Accessibility Officer.
