How can I sue the MTA for harassment and discrimination based on my experience at the subway station?

Question

I am a 65-year-old pianist with a degree from Berklee College of Music, and I play classical and jazz music at my local subway station. Since 2019, I have been experiencing harassment from a woman who works at the station. She often ignores me when I try to check my metro card balance and becomes angry if I try to get her attention, even publicly yelling at me. Recently, she called the police, claiming I was playing too loudly and without a permit, although I understand no permit is required. I believe her actions are discriminatory as I am white, and this has made me fearful of using the subway. Despite complaining to the MTA twice, I've received no response. How can I sue the MTA for harassment and discrimination, and how difficult is it to prove such a case?

James L. Arrasmith · Answer

To pursue a claim against the Metropolitan Transportation Authority (MTA) for harassment and discrimination, you would need to file an administrative complaint before proceeding with a lawsuit, as the MTA is a public entity subject to specific procedural requirements. Your situation potentially involves multiple legal theories including discrimination in public accommodations, harassment based on protected characteristics, and possibly violations of municipal ordinances regarding street performers' rights. Documentation will be crucial to establishing your case, so we recommend collecting comprehensive evidence including dates, times, and detailed descriptions of all interactions, witness statements from regular commuters who have observed these incidents, and any correspondence with MTA management regarding your previous complaints. 
 
The burden of proof in discrimination cases requires demonstrating that you were treated differently than others similarly situated and that this differential treatment was based on a protected characteristic; while you mentioned your race, age-based discrimination might also be relevant given your status as a 65-year-old performer. Establishing a pattern of behavior will strengthen your claim, so documenting multiple incidents over time rather than focusing solely on the most recent confrontation would be advisable, as would researching whether other performers of different backgrounds have experienced similar or different treatment at the same station.  
 
Prior to filing a lawsuit, we would recommend sending a formal demand letter to the MTA's legal department outlining the incidents, the harm caused, and your proposed resolution, as this sometimes resolves matters without litigation and demonstrates good faith attempts to resolve the dispute. The timeframe for filing claims against public entities is often shorter than standard statutes of limitations, so prompt action is essential to preserve your legal rights. Given the complexity of claims against public transit authorities and the specific procedural requirements involved, we would need to examine the MTA's specific policies regarding street performers and review any documentary evidence you have collected before providing a comprehensive assessment of your case's viability.

Q: How can I sue the MTA for harassment and discrimination based on my experience at the subway station?