CalACT Autumn Conference Berkeley, CA

Sept. 22, 2011

Dawn Sweet

FTA ADA Team

FTA Complaint Process &

Hot Topics in ADA Compliance

FTA Office of Civil Rights

Headquarters teams

TED and ADA

Regional civil rights

officers

3 ADA program areas

Technical assistance

Compliance reviews

Complaint investigations

www.fta.dot.gov/ada

Transit Agency Complaint Process §27.13

Adopt complaint procedures

that provide for prompt and

equitable resolution

Maintain a copy of all

complaints of ADA

noncompliance for 1 year

Maintain a record (summary) of

all complaints for 5 years

FTA Complaint Process §27.123, 37.11

Any person who believes they been harmed by a failure to comply with regulations may file a written complaint

Form or letter

Sufficient content

FTA is to conduct a “prompt” investigation whenever a complaint indicates a possible failure to comply

“Designated Agency” status

FTA Caseload Snapshot

About 150 complaints yearly

Fixed route

Priority seating, lift use,

maintenance, stop announcements

Paratransit

Late pickups, no-shows,

eligibility, service area

Resolution Process

Our possible approaches:

Templates

Information request to GM

Information request to staff (e.g., ADA coordinator)

Compliance review

What we want from the transit provider:

30-day turnaround for response

Prompt response to follow-up questions

Comprehensive, responsive to all requests

Good, succinct narrative

FTA Enforcement §27.123, 37.11

Emphasis on informal resolution

Goal is to fix deficiencies, not sanction

Means of enforcing of compliance:

Withhold/condition federal funds

Referral to the US Department of Justice

Memorandum of Understanding

Hot Topics: Suspension for Behavior §37.5(h)

Requirements

Can deny service for

seriously disruptive,

violent or illegal conduct

(or a “direct threat”)

“Direct threat” means a

significant risk to the health

or safety of others that

cannot be eliminated

Due process and

suspension length

Issues

Hygiene

Verbal acts

Physical acts

Hot Topics: Service Animals §37.3, 37.167(d)

Requirements

Transit agency must

permit service animals

“Any guide dog, signal dog,

or other animal

individually trained to

work or perform tasks

for an individual with a

disability . . .”

Animal must be under

owner’s control

Issues

DOJ’s rule change

Emotional service animals

Barking and other dog-like

behavior

Hot Topics: Priority Seating §37.167(j), Part 38

Requirements

Drivers must ask the following persons to move:

“(i) Individuals, except other individuals with a disability or elderly persons, sitting in a location designated as priority seating for elderly and handicapped persons (or other seat as necessary); (ii) Individuals sitting [in] a fold-down or other movable seat in a wheelchair securement location.”

Issues

When does the driver ask nondisabled to move

Ambulatory disabled in flip up securement area seats

Mandatory move policy ok

Walkers

Hot Topics: Lift Use §37.165

Requirements

Must allow standees on lift

Driver must assist with

lifts/ramps

May need to help push a

manual wheelchair user

up/down ramp

Must allow wheelchair

users to board forward-

or rear-facing

Issues

Standees

Boarding separately from

wheelchair

Boarding direction

Hot Topics: Steering to Non-ADA Service

Requirements

Cannot limit the availability of paratransit service

Issues

Commingled service

offering paratransit

applications only to those

under 65 years

No information about

paratransit on website

Hot Topics: General Demand-Responsive §37.77

Requirements

Nondiscrimination

provisions in §37.5

General services

provisions in Subpart F

(lifts, training, etc.)

Vehicles must be

accessible unless

equivalent service is

provided

Issues

Vehicle acquisition

Riders’ misunderstanding

of requirements

Questions

Dawn Sweet

ADA Team

Office of Civil Rights

Federal Transit Administration

1200 New Jersey Ave. SE, Room E-54

Washington, DC 20590

(202) 366-0529

dawn.sweet@dot.gov

FTA ADA Assistance Line

(888) 446-4511

FTA.ADAassistance@dot.gov

FTA ADA Website

www.fta.dot.gov/ada