The non-profit group Disability Rights Advocates (DRA) has filed a federal class action lawsuit against the MTA over a Bronx subway station that remains inaccessible to wheelchairs despite a major overhaul. According to DRA, the MTA’s failure to make the station wheelchair accessible is a violation of the Americans with Disabilities Act (ADA), which protects people from discrimination based on disability.

The Middletown Road station in the Bronx was closed between October 2013 and May 2014 for improvements, which included replacing staircases and other parts of the structure. The costly renovation also included new ceilings, walls, and floors, but failed to add an elevator. The station lies in the middle of a four mile stretch—which contains ten stops on the 6 line—that are not wheelchair accessible.

According to the DRA, New York City has one of the worst public transportation systems in the country for handicapped people, with only 19% of subway stations accessible to wheelchairs compared to 100% of stations in Washington, D.C. and the San Francisco Bay Area. While city busses are all wheelchair accessible, they’re often a much slower and less efficient way to get around.

According to DNAinfo, the MTA claims it was not in violation of the ADA because adding an elevator would have been impossible due to the physical constrains of the station. The DRA asserts that it could’ve been done. Minor accessibility improvements to the station were implemented, including new handrails and tactile signs. The suit, which was filed on behalf of Bronx Independent Living Services (BILS) and Disabled in Action of Metropolitan New York (DIA), claims that an elevator would have been technically feasible.

According to Anthony Trocchia, President of DIA, the suit is meant to call attention to the broader issue of wheelchair accessibility on the New York City subway system.