Furthermore, the presence of a LIRR employee gives blind and visually disabled persons a significantly greater degree of security. The presence of a ticket clerk at these stations is not a twenty-four hour event. Indeed, at oral argument we were informed that ticket clerks generally work from 7 a.m. to 1 p.m. Plaintiffs' argument suggests that every day at one o'clock, the station is altered in contravention of the statute. Ticket agents, passengers, and trains, come and go. When they leave the station, the station is different in a significant sense.
Defendants ask a rhetorical question to illustrate the limits of plaintiffs' argument.
Neither plaintiffs, nor we, have an answer. The Propriety of Enjoining the installation of TVMs. The installation of a TVM constitutes a physical modification to the station. It also requires additional wiring and communication lines which feed into the LIRR's central TVM monitoring facility. The above-quoted statutory and regulatory language suggests that such modifications are indeed encompassed by the statute.