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Pages 38-45

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From page 38...
... . pay money damages to a private plaintiff under Title II."558 Thus, the court held that Metro Ride was not "liable for money damages under Title II of the ADA, even though it may be bound by ADA requirements."559 E
From page 39...
... As discussed below, when asked specifically about consideration of low-income populations or outreach to LEP persons, a much higher number of transit agencies reported having a policy of evaluating the effect of a reduction in service or an increase in fares on low-income populations and having implemented methods to communicate with and involve LEP persons with respect to such changes.
From page 40...
... C Limited-English-Proficiency Persons Fifty-three transit agencies responded that when reducing transit service and/or increasing fares they take steps to give notice to and otherwise involve LEP per
From page 41...
... Table 3. Transit Agencies That Involve LEP Persons When Reducing Service or Increasing Fares Transit Agencies That Involve LEP Persons 53 Transit Agencies That Do Not Involve LEP Persons 9 Transit Agencies Not Responding 2 Some of the agencies' responses were: • The agency has an "LEP plan in effect that calls for us to provide translation assistance and other assistance to individuals identified as LEP." • All prominent information is translated into Spanish, which makes up 29 percent of the non-Englishspeaking population in the area as obtained from school district and census data, and materials are translated into Asian languages even though the 5 percent threshold is not met in the community the agency services.
From page 42...
... The transit agencies' practices include some of the "promising practices" discussed in the USDOT LEP Policy Guidance, such as language banks, language support offices, the use of technology, telephone information lines and hot lines, and signage and other outreach.564 Transit agencies report using surveys or GIS mapping software to identify LEP communities; determining the languages spoken by the LEP persons in the area served; publishing notices, advertisements, brochures, and newsletters in the languages of the LEP persons; holding hearings in locations convenient to neighborhoods with affected LEP populations; and providing interpreters at meetings and hearings.
From page 43...
... Miami Dade Transit (MDT) in Miami, Florida, described in some detail its practices, which include consultation and coordination "with the Metropolitan Planning Organization, the Citizens' Independent Transportation Trust, and other local transit agencies prior to implementing changes of this nature." These discussions take place in publicly advertised meetings.
From page 44...
... F Transit Agency Resources Twenty-eight transit agencies stated that they have specific resources to assist them in complying with Title VI and/or the ADA when considering a reduction in service or an increase in fares.
From page 45...
... Use of a Legal Memorandum Fifty-four agencies reported that they do not prepare or have not prepared for the agency an internal legal memorandum on issues that are anticipated to arise when the agency is considering a reduction in transit service and/or an increase in fares, whereas six transit agencies reported that they do have a legal memorandum. Four agencies did not respond to the question.


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