DAILY XPRESS
Published on January 16, 2009

Disabled protesters hit the buffers in court over demands for facilities

Disabled people vowed yesterday to fight on for facilities at the city's 23 Skytrain stations, despite a judge's suggestion that their lawsuit be dropped.

Opening proceedings in court yesterday, Central Administrative Court judge Saneh Boonthamanop called into question the lawsuit against the Bangkok Metropolitan Administration and Bangkok Mass Transit System for neglecting to provide the facilities.

Celebrity support

However, among activists determined to carry on was TV personality Krissana Chairat, who called it a "historic day" in the fight for rights and equality for all "wheeled", disabled and elderly people.

Anchorman Krissana joined 10 other disabled people supporting the plaintiffs' case, among them former actor Christopher Benchakul.

The judge offered his view that the Skytrain project contract was signed in April 1996, predating the regulations of the Rehabilitation of Disabled Persons Act which came into effect in December 1999.

Moreover, lifts were later built at five Skytrain stations - Asoke, Mor Chit, Siam, Chong Nonsi and On Nut - even though they weren't a requirement of the project contract, he said.

(Disabled commuters point out that the lift systems at three stations hardly function at all.)

The court said that as there was no law requiring such facilities at the time, the defendants had not neglected their duties as accused, so the lawsuit should be dismissed.

Saneh suggested a way forward would be to ask the relevant agencies to use their annual budgets to provide facilities under the guidance of the Rules on Administration of Bangkok Metropolitan Act and the Rehabilitation of Disabled Persons Act.

The secretary-general of the Council of Disabled People of Thailand, Suporntham Mongkolsawat, who is one of the three plaintiffs, said that he would appeal if the Court decided to dismiss the case.

The group also plans to meet with the new governor Sukhumbhand Paribatra for negotiations on the matter.

'No such thing as disability'

"We believe the law's purpose is to provide a decent quality of life for all. Personally, I don't believe there's such a thing as disability. People become disabled only when there's a lack of facilities - the problem is the environment," said Krissana.

He added that the fight was also for the next generation and those who would reach old age in the years to come.

The judge's opinion was given to the judging panel in line with administrative court procedure, and won't have any bearing on the case's eventual ruling. Plaintiffs and defendants are now waiting for the judging panel to meet on whether the case can go ahead.