Elmont wheelchair user says NICE Bus improperly denied boarding

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A wheelchair user from Elmont says she was improperly denied access to a Nassau Inter-County Express bus last month before being allowed to board it, prompting renewed concerns about accessibility and equal access to public transportation.

Bryanna Copeland said that she tried to board a NICE bus on Hempstead Turnpike and Elmont Road on July 22 with her daughter, who she said was sick with a fever. According to Copeland, the driver told her the bus was full and there was no room for her wheelchair, despite what she said was visible space inside.

Copeland said the driver reported to dispatch that the bus was full, but she disputed that claim and contacted dispatch herself.

"The driver reported to dispatch that the bus was full, so I called dispatch myself because I could clearly see there was space available," she wrote on Facebook. "After I was finally allowed to board, there was still room for my wheelchair, and the bus continued picking up passengers."

Copeland, a disability rights activist, said the incident was especially frustrating because she has experienced similar problems before, and previously filed a human rights complaint against the bus system. "It's not even one incident or one moment," Copeland said. "It has happened several times."

Jenna Nevit, another wheelchair user who regularly relies on NICE buses, said that incidents like Copeland's highlight how critical accessible public transportation is for people with disabilities.

"Our wheelchairs and everything we have are an extension of us," Nevit said. "When you do stuff like that, it inconveniences everybody for another half-hour. That half-hour makes such a difference for a transfer. It makes such a difference for everything."

Nevit said she prefers using fixed-route buses because they are more affordable and flexible than dedicated paratransit service. "The bus is cheaper," she said. "For me, that's better than $8.”

Nevit said that while she appreciates the service NICE Bus provides overall, Copeland's experience should not have happened.

"I love our bus system," Nevit said. "I'm very fortunate that I haven't had a lot of negative experiences, but the fact that they did it to her in such a messed-up way affects me as much as Bryanna."

Copeland said that after she filed a complaint about the July incident, NICE Bus initially informed her that the driver had acted appropriately. "Their response was that the operator followed protocol and that no violation was found,” she wrote in the post. “I disagree with that conclusion because the bus was not full, I was ultimately able to board, and there was still space available."

Copeland contends the incident raises concerns about compliance with federal accessibility requirements. "Under the Americans with Disabilities Act … public transit operators are required to provide boarding assistance and operate accessibility equipment for passengers with disabilities," she wrote. "If there is room to safely accommodate a wheelchair, denying or delaying boarding raises serious concerns about compliance with those accessibility requirements."

Erendira Garcia, who works across from the bus stop, said she saw the incident unfold. "When she tried to go in, the bus didn't even try to let her in," Garcia said of Copeland. "He basically was trying to keep going."

Garcia said she could see space on the bus, and added that she believes the situation could have been resolved much more quickly. "There was space in the back and there was space in the middle," she said. "So if you just told people to move back, there would have been more than enough space."

Garcia also confirmed that the bus continued to pick up passengers after Copeland was eventually allowed to board.

According to Copeland, accessibility of public transportation is about more than convenience. "No one should have to fight for equal access to public transportation," she wrote. "If I hadn't spoken up, I would've been left behind. Imagine how many people don't know they can advocate for themselves or are too afraid to."

She added, "Accessibility is not a courtesy. It's a civil right."

In a statement, a representative of NICE Bus said that the agency had reviewed the incident, and acknowledged shortcomings in how it was handled.

"We have reviewed the incident internally through video and in conversations with Ms. Copeland, and we understand her frustration and concerns," the statement read. "This interaction did not meet our expectations for professional and empathetic customer service, and we have identified opportunities to reinforce these priorities not only to this driver but to our entire supervisory team."

Copeland said she hoped that sharing her experience would bring about better service for other riders with disabilities.

"I'm sharing my experience because accountability matters," she wrote. "I hope NICE Bus … improves operator training, and ensures this doesn't happen to another wheelchair user."