400 Seventh St. S.W.
|December 28, 2000|
Re: FTA Complaint Number 99285
Dear (Name withheld):
This letter responds to your complaint against the City of Las Vegas, Nevada, and potential 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, 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
We informed the City of Las Vegas of your allegation, requested information relating to your complaint, reviewed the information presented by the City of Las Vegas and you, and made a determination in relation to the DOT ADA regulations based on our analysis of the compiled information.
The DOT ADA regulations at 49 CFR section 37.71(a) state:
Except as provided elsewhere in this section, each public entity operating a fixed route system making a solicitation after August 25, 1990, to purchase or lease a new bus or other new vehicle for use on the system, shall ensure that the vehicle is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs.
We received information from Robert Hasegawa of the City of Las Vegas that the trolleys were purchased in 1987, and therefore are not required to be accessible under the Americans with Disabilities Act. In addition, Mr. Hasegawa reported that you and your husband were offered alternate transportation, either paratransit service on an emergency basis or transportation in a City vehicle other than a trolley. (Name withheld) is also eligible for ADA Complementary Paratransit service, and according to 49 CFR section 37.123(f)(1):
One other individual accompanying the ADA paratransit eligible individual shall be provided service.
This means that you can accompany your husband on ADA Complementary Paratransit trips.
Based on the aforementioned information received, we do not see any violations of the DOT ADA regulations by the City of Las Vegas.
If you have any questions regarding this decision, please contact Ms. Mary-Elizabeth Peters, on FTA’s toll free ADA Assistance Line at 1-888-446-4511, or at her electronic mail address: firstname.lastname@example.org. Please identify the FTA complaint number in any correspondence with this office.
|Cheryl L. Hershey|
ADA Group Leader
Office of Civil Rights