400 Seventh St. S.W.
|December 28, 2000|
Re: FTA Complaint No. 99206
Dear (Name Withheld):
This letter responds to your complaint against the Santa Clara Valley Transportation Authority (VTA), San Jose, California, 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 the 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 which 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:
The circumstances you describe do not appear to raise an issue that we are able to address under the DOT ADA regulations. Nor are we aware of any other component of the Department of Transportation or other federal agency that would have authority to handle the matter you have described. Based on this determination, we will take no further action regarding this complaint.
If you have any questions regarding this decision, please contact 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. Thank you for bringing your concern to our attention.
|Cheryl L. Hershey|
ADA Group Leader
Office of Civil Rights