Impacts of the Americans with Disabilities Act on Transit Agency Liability (2018) / Chapter Skim
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Pages 15-23
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15 information on the number of claims or cases, the nature or type of claim, and/or the disposition of claims or cases.168 Some agencies provided an Internet link to and/or a copy of their report or record, which is included in Appendix D to this digest.169 V
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16 passenger cars, and vehicles covered by subtitle B Such standards shall be consistent with the minimum guidelines and requirements issued by the Architectural and Transportation Barriers Compliance Board in accordance with section 504(a)
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17 with the requirements of part 37 in the same manner as the transit agencies when the agencies are providing the services directly.196 The FTA Circular provides guidance on compliance with federal laws and regulations applicable to fixed route bus service; complementary paratransit service; demand responsive service; and rapid, light, and commuter rail service, as well as water transportation/passenger ferries.197 Part 37 applies to the following entities, whether or not they receive Federal financial assistance from the Department of Transportation: (1) Any public entity that provides designated public transportation or intercity or commuter rail transportation; (2)
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18 the court to find that the plaintiff had a disability under the ADA.216 The following subsections discuss Title II and relevant regulations, as well as cases, applicable to the general accessibility features required by the ADA.
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19 dations that may be provided include announcing the outage at other stations; furnishing accessible shuttle bus service; posting outage information on websites, informing riders by signage and recorded announcements, alerting riders by e-mail or text messages via rider notification lists; notifying "rider advocacy groups"; and providing sufficient staffing at affected locations to guide riders who need shuttle service or information.232 4. Personnel Training The regulations require that every public or private entity that operates a fixed route or demand responsive system ensure that their personnel are trained proficiently in their duties so that they are able to "operate vehicles and equipment safely and properly assist and treat individuals with disabilities who use the service in a respectful and courteous way, with appropriate attention to the difference among individuals with disabilities."233 5.
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20 lift problems" do not violate the ADA,249 the court refused to grant an injunction.250 6. Reasonable Accommodations Title II of the ADA mandates that individuals with disabilities "must be provided with ‘meaningful access' to a public entity's programs and services."251 Public entities must make reasonable modifications of policies, practices, or procedures when the modifications are necessary to avoid discrimination because of a disability.252 Moreover, [a]
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21 harness for a passenger who uses a wheelchair, transit agencies are not permitted to require an individual with a wheelchair to use a seat belt and shoulder harness, unless all passengers in a vehicle are required to use them.269 If devices are not primarily designed for use by individuals with mobility impairments, then transit agencies are not required to accommodate the devices.270 Transit agencies may require all riders in complementary paratransit vehicles to use seat belts and/ or shoulder harnesses, regardless of whether there is a similar requirement that applies to riders on fixed route vehicles.271 In Ford v. New Orleans Regional Transit Authority,272 the plaintiff, who used a wheelchair because of a disability, alleged that after he boarded one of the defendant's buses the driver failed to secure the bus's safety harnesses to the plaintiff 's wheelchair.273 The plaintiff alleged that he was "limited in his access to the transit system because the Transit Authority bus drivers park at steep angles when picking up Plaintiff and continuously fail to properly use the bus safety harnesses when securing Plaintiff."274 "The Supreme Court has recognized that a ‘meaningful access' standard … is applicable when courts are required to evaluate ADA claims in which the ADA plaintiff is not denied full access to a service, but rather is denied meaningful access."275 This court ruled that a denial of meaningful access is equivalent to a "‘full denial of access under the ADA'" and that on this issue the plaintiff 's pleading was sufficient.276 In denying the defendant's motion to dismiss, the court stated that the plaintiff 's allegations were sufficient, because he alleged that "he was denied safe use of the bus stops and the buses themselves due to the improper use of safety harnesses" and that he was "sometimes denied accessibility to bus stops because of occasional inadequate parking by the bus drivers."277 269 Id.
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22 is required because of a disability and what work or task the animal has been trained to perform.287 The FTA notes that "some persons with hidden disabilities do use animals that meet the regulatory definition of a service animal," such as animals that "are trained to alert individuals with seizure disorders to an oncoming seizure…."288 The DOT regulations do not set limits on the number of service animals that a rider may have on a single trip.289 For complementary paratransit or other demand responsive services, transit agencies may ask that riders give notice of their intent to travel with a service animal.290 An example of an ADA claim of discrimination against an individual with a service animal is Silberman v. Miami-Dade Transit.291 The plaintiff Silberman alleged that Miami Dade Transit (MDT)
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23 (b) represent that such person has a disability for the purpose of acquiring an assistance dog unless such person has such disability.302 H
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