Regional Transit Authority of Chicago, IL, 1-31-01

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U.S. Department
of Transportation

    400 Seventh St. S.W.
    Washington, D.C. 20590

Federal Transit
Administration
January 31, 2001

 

Re: FTA Complaint No. 00-0397

Dear (Name Withheld):

This letter responds to your complaint against the Regional Transportation Authority (RTA) of Chicago, Illinois, alleging noncompliance with Title II of the Americans with Disabilities Act of 1990 (ADA) and/or the Department of Transportation’s (DOT) implementing regulations at 49 CFR parts 27, 37, and 38. The Federal Transit Administration (FTA) Office of Civil Rights is responsible for civil rights compliance and monitoring, which includes ensuring that providers of public transportation properly implement the ADA, the DOT ADA regulations, and Section 504 of the Rehabilitation Act of 1973.

In the FTA complaint investigation process, we analyze the complainant’s allegations for possible ADA deficiencies by the transit provider. If we identify what may be a violation, we first attempt to provide technical assistance to address it by assisting the transit provider to comply with the ADA. If FTA cannot resolve apparent violations of the ADA or the DOT ADA regulations by voluntary means, formal enforcement proceedings may be initiated against the public transportation provider that may result in the termination of Federal funds. FTA also may refer the matter to the U.S. Department of Justice for enforcement.

Because of the limitation in resources, the majority complaint investigations are conducted by telephone and written inquiry. In a few circumstances, where time and resources permit, investigations may be complemented by other means, such as compliance reviews or other on-site action. A finding of no violation of a particular allegation should be understood to apply specifically to the facts and circumstances at issue. Such a determination is not intended to express an opinion as to the overall ADA compliance of that transit property.

We understand your allegation to be as follows:

  • The RTA ADA Complementary Paratransit eligibility process does not comply with the DOT ADA regulations.

The FTA Office of Civil Rights conducted an on-site compliance review of RTA’s ADA Complementary Paratransit eligibility process in June 2000. The assessment included:

  • Interviews with riders and advocates;
  • Interviews with RTA staff responsible for eligibility determinations;
  • A review of public information materials and data regarding the eligibility process;
  • Spot checks of the RTA eligibility determination tracking data base; and
  • A review of sample applications and determinations.

The final report did not find any deficiencies in RTA’s process that would limit the availability of ADA Complementary Paratransit service to qualified individuals. We have included a paper copy of this final report for your information. Please let us know if you prefer to have the report in electronic format.

Based on the findings of our recent in-depth review of RTA’s eligibility process, we will not take any further action on your complaint. If you have any questions regarding this decision, please contact Roberta Wolgast, on FTA’s toll free ADA Assistance Line at 1-888-446-4511, or at her electronic mail address: roberta.wolgast@dot.gov. Thank you for bringing this to our attention.

 

Sincerely,
/signed/
Cheryl L. Hershey
ADA Group Leader
Office of Civil Rights