Lyft, Inc. Discrimination LawsuitLyft accused of not being accessible to users with disabilities

Lyft, Inc., the rideshare and transportation company, serves able-bodied people everywhere and has stated that it is “working to make sure everyone has access to affordable, reliable transportation to get where they need to go.” However, as the head of Lyft’s program for wheelchair accessible vehicles (“WAVs”) admitted, Lyft’s policy regarding people with disabilities is “to do as little as possible unless forced.” There are 9 regions, including New York City, where regulators require Lyft to serve WAV users. Lyft provides WAV service in those 9 regions, but Lyft blocks WAV service everywhere where regulators have not required Lyft to provide WAV service, which encompasses Westchester and 96% of the regions where it operates.

In 2017, Westchester Disabled On The Move, Inc. (“WDOMI”) and Harriet Lowell, represented by Finkelstein, Blankinship, Frei-Pearson & Garber, LLP (“FBFG”) and Michael Helman (Morgan & Morgan, P.A. joined the team in in 2020), filed a federal lawsuit demanding that Lyft serve WAV users everywhere and stop discriminating against people with disabilities. This case has been heavily covered in the press, including by CNet, NBC News, Mashable, Politico, and WCBS 880, and it has been extraordinarily hotly contested, with over 45 depositions and 422 docket entries. Lyft has refused to settle the case, despite the Court’s repeated suggestions that the Parties should settle. Lyft has made every conceivable argument to defeat this case, including arguing that it “is not a transportation company” – an argument that is contradicted by Lyft’s stated mission to “improve people’s lives with the world’s best transportation.” In 2018, the Court denied Lyft’s motion to dismiss, calling Lyft’s arguments that it cannot be sued under the Americans with Disabilities Act “supremely unjust.”

In 2021, Lyft won a similar lawsuit in San Francisco, Indep. Living Res. Ctr. S.F. v. Lyft, Inc. (ILRC). Lyft won class certification in ILRC by persuading the federal judge that there weren’t enough wheelchair users who would use Lyft in the city (i.e., not even forty) to have a class action. In contrast, FBFG, with WDOMI’s assistance, travelled around the country and obtained hundreds of declarations from wheelchair users who want to use Lyft. Moreover, 8 different advocacy organizations – including Paralyzed Veterans of America – submitted testimony and briefs to the Court in support of Plaintiffs’ motion. Indeed, Paralyzed Veterans of America compared Lyft’s arguments that it should be allowed to refuse to serve wheelchair users to segregationists’ arguments in old civil rights cases that businesses should be allowed to refuse to serve minorities. In 2023, Judge Philip M. Halpern and Magistrate Judge Andrew Krause agreed with Plaintiffs and Paralyzed Veterans of America that the ILRC class certification decision was not controlling. Over Lyft’s objection, Judge Halpern and Judge Krause certified the case as a nationwide class action, after testimony from over 250 witnesses and a powerful rally by disability rights activists outside. After certifying the class, Judge Halpern again suggested that the parties discuss settlement, and Lyft again refused.

On July 8, 2024, this case will go to trial at the White Plains federal courthouse (300 Quarropas Street). Judge Halpern indicated that the trial is expected to last for five days, but may last up to two weeks. We invite advocates and supporters to attend the trial. Jeremiah Frei-Pearson of FBFG states: “We are honored to represent Westchester Disabled On The Move, Harriet Lowell, and people with disabilities across the nation in this important civil rights case. When we win, these brave advocates will have made transportation more accessible to millions of people with disabilities.” Michael Ram of Morgan & Morgan states: “Instead of lifting disabled people up, Lyft slams the door in the face of the disabled, even while there are drivers out there who would like to serve them.”

To receive notifications about upcoming events and other important updates regarding this class action, sign up for the mailing list by emailing Lyft@fbfglaw.com.