A New York man has filed a notice of claim against the Long Island Rail Road (LIRR) alleging that the conductor drew unwelcome attention to his disability.  Anthony Faggiani has cerebral palsy and is confined to a wheelchair.  According to court documents, the LIRR conductor failed to quickly help Mr. Faggiani off the train and then repeatedly announced over the public address system that the train was delayed because of a “wheelchair patient.”

The lawsuit seeks unspecified damages for “serious psychological injuries and distress.”

“He just kept emphasizing 'wheelchair,' 'wheelchair,' 'wheelchair,'” said Mr. Faggiani.  “You could just imagine all those eyes staring at me.”

LIRR spokesman Joe Calderone said 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.” 

Since the filing of the lawsuit, the Long Island Rail Road announced a new directive that employees no longer refer to the disability of a customer as the reason for delay, but, rather, that “a customer needs assistance.”

—Source:  Newsday (New York)