National Academies Press: OpenBook
« Previous: COVER
Page 2
Suggested Citation:"CONTENTS." National Academies of Sciences, Engineering, and Medicine. 2011. Reductions in Transit Service or Increases in Fares: Civil Rights, ADA, Regulatory, and Environmental Justice Implications. Washington, DC: The National Academies Press. doi: 10.17226/14498.
×
Page 2

Below is the uncorrected machine-read text of this chapter, intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text of each book. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

ConTenTs (cont’d) CONTENTS I. Introduction, 3 II. Civil Rights Issues Arising Under Title VI of the Civil Rights Act of 1964 When Public Transportation Projects Allegedly Discriminate Against Minority or Ethnic Groups, 5 A. Prohibition of Intentional Discrimination Caused by Disparate Treatment Under Section 601 of Title VI, 5 B. No Cause of Action Under Disparate-Impact Regulations Promulgated Under Section 602 of Title VI to Effectuate the Provisions of Section 601, 5 C. Executive Order 12898 (1994) Requiring Federal Agencies to Combat Directly Disproportionate and Adverse Effects of Their Programs, Policies, and Activities on Minority and Low-Income Populations, 6 D. USDOT Title VI Order (1997) Incorporating the Principles of Environmental Justice in Decision-Making Practices of All USDOT Programs, Policies, and Activities, 6 E. Guidance Provided by FTA Title VI Circular (2007) for Recipients and Subrecipients of FTA Financial Assistance Regarding Compliance with Title VI and Integration of the USDOT Order as Well as Policy Guidance Concerning Limited-English-Proficient Persons, 7 F. Application of Principles of Environmental Justice to Avoid, Minimize, or Mitigate Disproportionately High and Adverse Human Health and Environmental Effects on Low-Income Populations, 9 G. Executive Order 13166 (2000), Department of Justice and USDOT Policy Guidance, and the 2007 FTA Title VI Circular Regarding Access to Transit Services for LEP Persons and Compliance with Title VI, 11 H. Recipients’ and Subrecipients’ Obligation to Promote Inclusive Public Participation, 12 I. Applicability of Title VI and the ADA to the American Recovery and Reinvestment Act of 2009, 13 III. Judicial Interpretation of Sections 601 and 602 of Title VI, 14 A. Section 601 Proscribes Only Intentional Discrimination, 14 B. No Private Right to Enforce Regulations Promulgated Under Section 602 of Title VI to Effectuate Section 601 of Title VI, 15 IV. Proof of Disparate Treatment and Disparate Impact, 15 A. Proof of Disparate Treatment: The Arlington Heights Factors, 15 B. Title VI and Recent Cases, 17 C. Pre-Sandoval Disparate-Impact Cases, 21 D. Other Issues Relating to Title VI Claims, 23 V. Whether Disparate-Impact Claims Are Actionable Under Section 1983, 23 A. Cases Holding That Disparate-Impact Claims Are Not Actionable Under Section 1983, 23 B. Sovereign Immunity and Section 1983, 24 VI. Administrative Enforcement of Title VI Complaints, 25 A. Procedures Applicable to Complaints, 25 B. Title VI Administrative Complaints Based on Reduction in Service or Increase in Fares, 26 C. Reported Title VI Complaints in the Past 10 Years Based on Service Reductions or Fare Increases, 27 D. Transit Agencies’ Responses to Title VI Complaints, 27 VII. Title II of the Americans with Disabilities Act and Transit Service, 28 A. Statutory Provisions Applicable to Public Transportation Providers, 28 B. DOT Regulations Implementing the ADA, 29 C. The Availability of a Private Right of Action Under the ADA, 30 D. The ADA and Paratransit Service, 31 E. ADA Administrative Compliance and Enforcement, 33 F. Judicial Claims Under the ADA for Reduction in Transit Service or Increase in Fares, 34 G. Whether State Transit Agencies Have Sovereign Immunity, 34 H. Statute of Limitations in ADA Cases, 35 VIII. Title III of the Americans with Disabilities Act and Private Transportation Entities, 35 A. Prohibition of Discrimination in Public Accommodations, 35 B. Public Transportation Services Provided by Private Entities, 36 C. ADA Title III Regulations, 37 D. Administrative Action and Enforcement, 37 E. Transit Cases Arising Under Title III, 38 IX. Discussion of Practices When Reducing Service or Increasing Fares, 38 A. Transit Agencies’ Title VI Policies, 38 B. Low-Income Populations, 39 C. Limited-English-Proficiency Persons, 40 D. Transit Agencies’ ADA Policies, 42 E. Transit Agency Coordination, 43 F. Transit Agency Resources, 44 G. Policy Regarding Review of Legal Issues When Reducing Service or Increasing Fares, 45 X. Conclusion, 46 Appendix A: Survey Questions, 47 Appendix B: Transit Agencies Responding to the Survey, 51

Next: I. INTRODUCTION »
Reductions in Transit Service or Increases in Fares: Civil Rights, ADA, Regulatory, and Environmental Justice Implications Get This Book
×
 Reductions in Transit Service or Increases in Fares: Civil Rights, ADA, Regulatory, and Environmental Justice Implications
Buy Paperback | $31.00
MyNAP members save 10% online.
Login or Register to save!
Download Free PDF

TRB’s Transit Cooperative Research Program (TCRP) Legal Research Digest 35: Reductions in Transit Service or Increases in Fares: Civil Rights, ADA, Regulatory, and Environmental Justice Implications explores the legal implications of reductions in transit service or increases in fares in the context of environmental justice. Based on federal environmental justice principles, the report analyzes constitutional and statutory provisions and regulations in regard to transit agencies’ compliance with Title VI of the Civil Rights Act of 1964 (Title VI) and the Americans with Disabilities Act (ADA).

READ FREE ONLINE

  1. ×

    Welcome to OpenBook!

    You're looking at OpenBook, NAP.edu's online reading room since 1999. Based on feedback from you, our users, we've made some improvements that make it easier than ever to read thousands of publications on our website.

    Do you want to take a quick tour of the OpenBook's features?

    No Thanks Take a Tour »
  2. ×

    Show this book's table of contents, where you can jump to any chapter by name.

    « Back Next »
  3. ×

    ...or use these buttons to go back to the previous chapter or skip to the next one.

    « Back Next »
  4. ×

    Jump up to the previous page or down to the next one. Also, you can type in a page number and press Enter to go directly to that page in the book.

    « Back Next »
  5. ×

    To search the entire text of this book, type in your search term here and press Enter.

    « Back Next »
  6. ×

    Share a link to this book page on your preferred social network or via email.

    « Back Next »
  7. ×

    View our suggested citation for this chapter.

    « Back Next »
  8. ×

    Ready to take your reading offline? Click here to buy this book in print or download it as a free PDF, if available.

    « Back Next »
Stay Connected!