The Metropolitan Transportation Authority (MTA) is being criticized for its lack of elevator accessibility in the face of the Enhanced Station Initiative. The initiative is a billion-dollar renovation of New York City’s 31 subway stations supported by Governor Andrew Cuomo.

The initiative would add up to 1,025 subway cards with new technologies to increase capacity and reduce wait time. However, while able-bodied New Yorkers enjoy the new subway features, those who are disabled won’t be able to use them.

“The stations will be more beautiful, we’re being told,” said Senator Michael Gianaris to WNYC. “But people in wheelchairs still cannot access them.”

The MTA is currently known for having the lowest rate of wheelchair accessibility in the United States. And despite the legal questions being raised, the MTA has yet to show signs of compliance with the Americans with Disabilities Act.

“It’s a really good question,” said MTA Chairman Joe Lhota when asked whether the new renovations should include elevators. Lhota said MTA board members would have an update on wheelchair accessibility by January 2018.

According to WNYC, MTA officials argued that the city has a wheelchair accessible bus fleet as well as paratransit system. However, New Yorkers with disabilities say they prefer to use the subway because it’s faster than the bus. Additionally, able-bodied New Yorkers who can fully access the bus fleet as well also prefer the speed and convenience of the subway system.

What’s more, the MTA is required by the American with Disabilities Act to provide accessibility to those who are disabled using 20% of any renovation cost.

Unfortunately, this isn’t the first time the MTA has failed to comply with the ADA. A lawsuit against the MTA in the 1990s led to the agreement to make up to 100 subway stations wheelchair accessible. The MTA still needs to make up to 14 more stations wheelchair accessible by 2020 to comply with the agreed settlement.

Another lawsuit was filed against the MTA in 2011. The association renovated the Number 1 line in upper Manhattan in the Dyckman Street Station. The MTA failed to make the line accessible for New Yorkers with disabilities. After the lawsuit was filed by the United Spinal Association, the MTA installed one elevator at the station.

The lack of elevators installed in the subway stations is only one part of the overall problem. Elevators are recommended maintenance every 12 months. When these machines shut down, 70% of the time the cause is management or poor lubricant selection.

According to Scott Stringer, New York City’s Comptroller, the MTA fails to report elevator outages accurately. Maintenance is also neglected approximately 80% of the time.

“It’s amazing,” said Chris Pangilinan, a New York who’s been stuck in the subway system’s elevators up to 240 times, “that in 2017 it takes protest and public comment and a lawsuit to get [the MTA] to do what’s standard practice across the country.”