Lawsuit accuses BART of discriminating against people with mobility disabilities

OAKLAND, Calif. (KGO) -- A class action lawsuit has been filed against BART by people with disabilities who are alleging that filthy elevators and broken escalators amount to discrimination.

Some advocacy groups and two people with disabilities are asking the court to stop BART from what they say is "discrimination against people with mobility disabilities, effectively excluding them from the regional mass transit system."

They say broken or out of service elevators, "non-functioning escalators and fare gates" and human waste on the ground may just be an annoyance to most riders but they can create absolute barriers to access for people with disabilities.

They say they're not asking for money, but want a plan to remove the barriers for people with disabilities and submit to an independent monitor to ensure compliance.

BART responded to the lawsuit saying they're currently implementing a $16.3 million escalator and elevator improvement agenda. They also said "we share the frustration of the disability rights advocates legal group, but are disappointed our program of capital improvement is being met with litigation."

BART says a floor replacement project will solve the primary reason for the recent elevator outages. That should be completed by May.

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