Wheelchair users in Cape Girardeau believe the subsidized taxi service they receive from Kelley Transportation is not as good as the service other people receive.

Terrence Kelley who runs Kelley Transportation said the company is providing wheelchair users the best service he can afford to give.

City attorney Eric Cunningham said if wheelchair users' complaints are true and can be documented, Kelley Transportation could be in violation of the federal Americans with Disabilities Act. "It would be as simple as one handicapped person calling today and writing down the time and what happened," he said.

The Americans with Disabilities Act bans discrimination against people with disabilities "in the full and equal enjoyment of the goods, services, facilities, privileges, advantages or accommodations of any place of public accommodation."

It specifically states that transportation providers must make their services equally available to people with and without disabilities unless doing so would result in an "undue burden" on the provider.

Every year since 1981, Kelley Transportation has signed a contract with the city of Cape Girardeau to provide subsidized cab service to the elderly and handicapped. It has been the only business ever to bid on the contract.

Under the agreement, users buy up up to 16 coupons a month for $1 from the city. Each coupon is good for rides anywhere within the city limits. Others can buy coupons for $2 each.

The city pays Kelley $3.25 for each ride it provides for a coupon. According to the contract, Kelley will provide "taxicab services for the subsidized rider on a demand-responsive basis 24 hours a day, seven days a week, and to maintain a sufficient number of taxicabs on duty at all times to accommodate both peak and off-peak demand."

The contract goes on to say that Kelley shall provide "sufficient wheelchair-ramp or lift-equipped vans or minivans ... for the provision of the wheel-chair bound equal to other program clients provided for in this contract."

Cunningham said the contract is not specific enough for Kelley to be in violation. It would have to specify a specific amount of time for providing service, he said.

However, the contract does say Kelley must comply with all laws banning discrimination.