400 Seventh St. S.W.
|October 30, 2000|
Re: FTA Complaint No. 00-0305
Dear [Name withheld]:
This letter responds to your complaint of discrimination against the Central Florida Regional Transportation Authority (LYNX), alleging noncompliance with Title II of the Americans with Disabilities Act of 1990 (the ADA) and/or the Department of Transportation (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 complainantís allegations for possible ADA deficiencies by the transit provider. If we identity 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.
We understand your allegation to be as follows:
We reviewed your complaint and made a determination on your allegation based on our analysis of the DOT ADA regulations.
According to the DOT ADA regulations at 49 CFR section 37.121:
...each public entity operating a fixed route system shall provide paratransit or other special service to individuals with disabilities that is comparable to the level of service provided to individuals without disabilities who use the fixed route system.
The ADA is a civil rights statute. It clearly emphasizes nondiscriminatory access to fixed route service, with ADA Complementary Paratransit acting as a "safety net" for people who cannot use the fixed route system. Under the ADA, complementary paratransit is not intended to be a comprehensive system of transportation for individuals with disabilities.
The DOT ADA regulations require certain minimum standards beyond which, the transit authority does not have to provide service. A+ LYNX meets the minimum requirement by providing you service in whichever type of vehicle that it has available at the time and location of your trip request. We do not find this a violation the DOT ADA regulations.
In addition, we note from your letter that in the past, A+ LYNX supervisors have honored your request for a taxi or sedan. We commend them for making this special accommodation for you and encourage you to work directly with A+ LYNX to resolve this issue.
If you have any questions regarding this letter, please contact Roberta Wolgast, Equal Opportunity Specialist, on our toll free FTA ADA Assistance Line at 1-888-446-4511, or at her electronic mail address: firstname.lastname@example.org. Please include the FTA complaint number on any correspondence with this office. Thank you for bringing this matter to our attention.
|Cheryl L. Hershey|
ADA Group Leader
Office of Civil Rights