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Lawsuit filed over cab access dismissed
This is an archived article that was published on sltrib.com in 2005, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

The inability to take a taxi because she uses a motorized wheelchair can make West Valley resident Barbara Toomer feel isolated.

That feeling is going to last.

In a ruling made public Wednesday, a federal judge threw out a lawsuit by Toomer and the Disabled Rights Action Committee that claimed three Salt Lake City cab companies were violating the Americans with Disabilities Act (ADA).

U.S. District Judge Dale Kimball rejected Toomer's argument that the companies -- City Cab, Ute Cab and Yellow Cab -- were discriminating by failing to provide vans that are accessible to people with disabilities. The judge said regulations implementing the ADA require only new vehicles to accommodate people in wheelchairs.

And Kimball agreed with the companies that new is defined as "a vehicle that is offered for sale or lease after manufacture without any prior use," rejecting Toomer's contention that "new" should mean any van, regardless of mileage, that was purchased after the ADA was implemented in 1992.

But Toomer still says the cab companies should put lifts in their vans for wheelchair users.

"I'm very disappointed," Toomer said. "The Americans with Disabilities Act is supposed to protect people with a disability against unwarranted isolation and segregation. If you can't get a cab, you're being isolated and segregated."

Her lawyer, Richard Armknecht, said he will ask Kimball to reconsider his ruling and likely appeal if that request is turned down.

-- Pamela Manson

ADA claim: Companies were sued over carrying people in wheelchairs

The inability to take a taxi because she uses a motorized wheelchair can make West Valley resident Barbara Toomer feel isolated. That feeling is going to last. In a ruling made publ

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