Transit Bus Stops: Ownership, Liability, and Access (2008) / Chapter Skim
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Pages 19-26
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From page 19... ...
19 ties, franchisees, and maintenance contractors. In the case of agreements, issues arise concerning indemnification by public entities and of public entities.
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20 or enter or exit a bus.207 However, not all of these passengers are eligible for paratransit service.208 Such passengers may be dependent on regularly scheduled transit service and may need service that can access private property (e.g., shopping centers, retirement communities, assisted living facilities, and medical facilities)
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21 including new commercial developments exceeding 50,000 square feet in gross leasable space and new residential developments of more than 200 dwelling units, shall provide on-site space for bus stops if located on a public transportation corridor."225 While not quite requiring transit access to private property, some jurisdictions require that elderly housing be in proximity to transit, including bus stops.226 Jurisdictions interested in exploring such requirements may also want to review model regulations. The American Planning Association's model regulations to mandate transit-supportive policies include regulations related to bus stops, shelters, and benches, as does TriMet's 1993 report, Planning and Design for Transit Handbook.227 4.
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22 DOJ have incorporated the Americans with Disabilities Act Accessibility Guidelines (ADAAG) , issued by the U.S.
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23 In addition to requirements for bus stops and bus shelters, accessibility issues arise concerning sidewalks. The Ninth Circuit has held that sidewalks are subject to the requirements of Title II of the ADA and Section 504 of the Rehabilitation Act, and the implementing regulations.
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24 quate after the bus stop is designated. Such liability could accrue even if the transit agency was not responsible for constructing the bus stop pad.
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25 important to keep in mind that reasonable time, place, and manner restrictions are generally permissible; content-based restrictions may be more problematic. 289 While the Supreme Court has held that a public entity may prohibit all political advertising on bus benches/shelters,290 such restrictions on advertising "must not be arbitrary, capricious, or invidious."291 Following this reasoning, the Ninth Circuit Court of Appeals has held that regardless of whether a bus shelter can be categorized as a traditional public forum,292 prohibiting specific political advertising in a bus shelter based on the contents of the advertising is unconstitutional.293 In particular, prohibiting advertisements based on the viewpoint expressed in the advertisements is unconstitutional.294 Restrictions on the percentage of advertisements that can be devoted to typically regulated products such as tobacco and alcohol or outright prohibitions on such advertisements seem common.
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From page 26... ...
26 must be justified under a detailed written analysis of the projects' environmental impact and the proposed alternatives.303 Bus stops and bus shelters that are part of a bus rapid transit project should not be segmented from the project and processed under the less rigorous categorical exclusion process.304 Washington State specifically provides by statute that the construction or designation of bus stops and bus shelters are exempt from the Environmental Impact Statement requirement of the State Environmental Policy Act of 1971 (SEPA)
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