Wheelchair user sues LIRR over public embarassment

From Newsday in N.Y.:

Having lived with cerebral palsy all his 22 years, Anthony Faggiani has become accustomed to occasional stares as he goes out in his wheelchair.

But he never expected the kind of attention he got in August while riding on the Long Island Rail Road, said the East Islip man who is suing the agency for drawing unwelcome attention to his disability.

Faggiani has filed a notice of claim against the LIRR after a conductor failed to quickly help him get off a train and then repeatedly announced over a public address system that the train was delayed because of a "wheelchair patient," according to the court filing.

In an apparent response to the incident, the LIRR announced Feb. 4 that it will direct that employees no longer refer to the disability of a customer as the reason for a delay.

Faggiani said the incident occurred as he was returning home from attending a Yankee game with his father, Doug, on Aug. 1. Although Anthony Faggiani notified a conductor as he boarded that he would need a ramp to get off, the conductor was nowhere to be found when the two arrived at their stop at Great River, Faggiani said. To avoid missing their stop, Doug Faggiani said he stuck his head out of the train and flagged the conductor.

Rather than set up the ramp, the conductor announced repeatedly on the public address system that the train "would be delayed so as to accommodate 'a wheelchair patient,' " according to the court filing.

"He just kept emphasizing 'wheelchair,' 'wheelchair,' 'wheelchair,' " said Anthony Faggiani, who recalled several riders, visibly frustrated, turning toward him. "You could just imagine all those eyes staring at me."

LIRR spokesman Joe Calderone would not comment on pending litigation. He said LIRR train crews "would never seek to embarrass any passenger needing assistance, including those with disabilities."

"At the same time, we do have an obligation to communicate with all customers about the reason for a train delay," said Calderone, adding that employees are being instructed to say in the future that "a customer needs assistance."

Faggiani's attorney, Andrew Siben of Bay Shore, said the change will have no effect on the lawsuit, which seeks unspecified damages for "serious psychological injuries and distress."

Siben said he hopes it leads to better sensitivity training for LIRR employees.

Calderone cited a recent report by the MTA Permanent Citizens Advisory Committee that applauded the LIRR for making "significant efforts" to accommodate disabled riders.

Michael Harris, executive director of the Disabled Riders Coalition advocacy group, said such incidents are not uncommon and are the result of transit operators failing to do their jobs quickly and efficiently.

"It's a humiliating ordeal that no one should have to go through," said Harris, who said he has encountered similar treatment on public transportation. "It's blaming the wrong person and it's singling me out as an obstacle. People with disabilities are not obstacles."