Objective

To determine whether the Port Authority of New York and New Jersey (PANYNJ) has complied with selected requirements of the Americans with Disabilities Act, the Rehabilitation Act of 1973, and corresponding federal regulations to make its facilities accessible to passengers with disabilities. The audit covered the period from June 24, 2019 to March 12, 2020.

About the Program

The PANYNJ was established in 1921 as an interstate public entity created to control the port district of New York and New Jersey, maintaining the trade and travel infrastructure of the area. PANYNJ’s portfolio of five airports, an interstate rail system, three bus terminals, and three cruise terminals serve the transportation needs of millions in the New York City metropolitan area.

The Americans with Disabilities Act of 1990 (Act or ADA) was signed into law to provide people with disabilities the right to access and participate in the same day-to-day activities as everyone else. The Act defines disability as a physical or mental impairment that substantially limits one or more of an individual’s major life activities. Section 504 of the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in federally assisted programs. Several federal agencies oversee compliance with the Act, including the Department of Justice (DOJ) and Department of Transportation.

According to the Act, PANYNJ was required to identify key stations in its Port Authority Trans-Hudson (PATH) system and make those stations accessible and usable by people with disabilities by July 1994, absent an extension of time. Any new construction or alteration of an existing station after October 1991 was also subject to this accessibility requirement. The Rehabilitation Act of 1973 requires airport (and terminal) operators to be responsible for implementing and maintaining boarding accessibility.

PANYNJ is also subject to certain DOJ regulations. Title II prevents discrimination of people with disabilities on the basis of their disability by state and local government services. As in other sections of the Act, Title II requires a designated person to receive and resolve complaints about accessibility and publish grievance procedures. A May 2007 DOJ publication established best practices for state and local government website accessibility.

Key Findings

Although PANYNJ is in compliance with selected aspects of the ADA and Rehabilitation Act of 1973 that we reviewed within the PATH system and at the three bus terminals, we identified areas of non-compliance with regulations and areas of the Port Authority Bus Terminal (PABT). Among the conditions identified are the following:

• Four of the 13 PATH stations were not accessible to persons in wheelchairs. At the street level entrance to these PATH stations, there were no signs indicating where the closest handicapped-accessible PATH station is located.
• PANYNJ’s website did not follow DOJ’s best practices toolkit and has only limited accessibility because there is no option to format text for visually impaired people.
• PANYNJ did not have written agreements between the airport operator and terminal operator allocating responsibilities for meeting the boarding requirements with all of its airport operators and carriers, as required by federal regulation.
• PATH stations have tactile tiles (raised rubber platform edge) to alert travelers with visual impairments of the end of the platform; however, the tiles at Newark, Newport and Grove Street were in poor condition as the tile was heavily cracked, not level, or slippery from dripping water. PANYNJ officials indicated they identified degraded tiles at Newark, and Grove Street stations; however, more surveys were necessary to determine which tiles could be safely replaced by the end of 2020.
• PABT gates on the second floor and six lower-level gates are not accessible to individuals using mobility devices as the gates are only accessible by escalators and stairs. The lack of access is not mentioned on PABT’s webpage. However, at the terminal, travelers can request assistance at the information booth or by dialing an extension on an in-house telephone. According to PANYNJ officials, they had a plan to install signage by summer 2020; however, this was not done as planned.

Key Recommendations

• Ensure that passengers with disabilities have access to all gates at PABT.
• Maintain PATH’s tactile platform-edge tile in good condition.
• Renovate facilities, such as the PATH stations and platforms at the PABT, so that they are wheelchair accessible. If the station cannot be made wheelchair accessible, the reasons should be documented and, where this is not structurally doable, PABT should post signage with clear directions to the nearest station where access is available.
• Ensure that there are agreements in place with terminal operators regarding the provision of services to passengers with disabilities, and ensure that the provisions of these agreements are implemented.