A Manhattan judge has halted an MTA effort to allow antiquated token booths in subway stations to go unstaffed under limited circumstances.
The MTA announced a policy in January of leaving token booths locked and unstaffed for an eight-hour shift if the scheduled station agent called out sick or was on vacation. Previously, the MTA had backfilled the role by paying a fill-in station agent for an overtime shift.
In March, Transport Workers Union Local 100, which represents the station agents, filed a lawsuit arguing the measure amounted to an unlawful limitation of access to the subway system. The union — along with Brooklyn Borough President Antonio Reynoso and the disability rights group Center For Independence of the Disabled, New York — argued in the suit that the measure discriminated against riders with disabilities, who rely on the station agents.
On Friday, Manhattan Supreme Court Justice Nicholas Moyne agreed and blocked the MTA from implementing the rule.
“Leaving subway station service booths locked and unstaffed for eight-hour shifts creates an unlawful disparate impact that deprives subway riders with mobility impairments and visual disabilities of equal access to public transit facilities,” the judge wrote.
The judge also wrote the MTA had failed to hold a required public hearing before implementing the measure.
“I think for all New Yorkers that need help in the subways to have actual workers near the booth area to help with just logistics and directions, using the OMNY machine, or just safety, it's a wonderful thing,” said Sharon McLennon-Wier, one of the plaintiffs. McLennon-Wier is the executive director for the Center for Independence of the Disabled, New York, and is also blind. “It's critical, especially during emergencies.”
There are about 2,400 station agents who work across the subway system’s 472 stations.
The role used to be at the heart of the subway system’s operations. The agents sold tokens to riders from booths that held tens of thousands of dollars. But the station agents’ role became diminished as the MTA stopped selling MetroCards from the booths. The OMNY payment system now means most riders pay using their smartphones or credit cards at the turnstile.
After the pandemic, agents were ordered to work outside the booth.
Robert Kelly, stations vice president for Transport Workers Union Local 100, insisted the station agents have important jobs, even if riders see them just sitting in the booths.
“These are veteran people who worked for many, many years and, and bottom line is the agreement does not state that they have to stand on their feet for eight hours,” Kelly said. “When they have to perform their task, they perform it and they perform it at a high level.”
The MTA has not responded to a request for comment.