Federal Transit Administration

Office of Civil Rights Complaint Form

The Federal Transit Administration (FTA) Office of Civil Rights is responsible for civil rights compliance and monitoring of public transportation, which includes ensuring that providers properly implement Title II of the Americans with Disabilities Act of 1990 (the ADA), the Department of Transportation (DOT) ADA regulations, and Section 504 of the Rehabilitation Act of 1973.

In the FTA complaint investigation process, we analyze the complainant's allegations for possible ADA deficiencies by the transit provider. If deficiencies are identified they are presented to the transit provider and assistance is offered to correct the inadequacies within a predetermined timeframe. FTA also may refer the matter to the U.S. Department of Justice for enforcement.

Section I

Name:__Bob Williams

Address: 510 Street, SW N524, Washington, DC 22024

Telephone Numbers:

(Home)___________N/A

(Work)___________ N/A

Electronic Mail Address: rrw1957@gmail.com

Accessible Format Requirements?

Due to my motoric and speech disabilities, all communication should be via e mail addressed to rrw1957@gmail.com

Section II Are you filing this complaint on your own behalf?

Yes __X __ No ____

Section III

Have you previously filed an ADA complaint with FTA? No.

Have you filed this complaint with any of the following agencies?

Transit Provider Yes, I have filed two previous complaints against the WMATA Metro subway system. The first was in the mid 80s when a train operator closed the doors and pulled out of the Brookland station even though I had been entering it and the front wheel of my scooter became lodged between the platform and the train. Alert riders waiting for a train in the opposite direction saved my life by pulling me back on to the platform. I received damages for this of under $5000 for needed repairs to the scooter and an ER visit on the night this occurred.

I filed a second complaint in the early 90s for chronic elevator outrages, the fact that the system failed to notify riders of where and when elevators were down and station attendants routinely refused to process me my card and called me nasty because I have cerebral palsy, my ability to swallow is impaired and I drool.

Department of Transportation. I believe I copied Robert Ashby, then a DOT civil rights official on both of these complaints. To my knowledge, however, the Department did not take any action on either.

Department of Justice No. _____ Equal Employment Opportunity Commission No. Other -- No.

Have you filed a lawsuit regarding this complaint? Yes_____ No__X__

[Note: This above information is helpful for administrative tracking purposes.]

Section IV Name of public transit provider complaint is against:

Washington Metropolitan Area Transit Authority

Contact person: Richard Sarles, General Manager and CEO -- 202-962-1234 Administrative office

Helen Lew, Inspector General - 888-234-2374

Note: The e mail addresses and direct lines in the WMATA General Manager and Inspector General or those of any other named officials are available on its website. These are the only ones I could find.

On separate sheets, please describe your complaint. You should include specific details such as names, dates, times, route numbers, witnesses,

and any other information that would assist us in our investigation of your allegations. Please also provide any other documentation that is relevant to this complaint.

See below.

Section V May we release a copy of your complaint to the transit provider?

Yes ___X_ No ____

May we release your identity to the transit provider?

Yes _X___ No ____

Date: July 26, 2014

Complaint:

I am making this complaint against Richard Sarles, the General Manager and CEO of WMATA, and Helen Lew, its Inspector General, and their subordinates named in the attached e mails, for failing to properly carry out their respective responsibilities and authority to assure that:

1. Metro rail platforms and all other areas in stations are accessible and can be used

without unnecessary risk of injury/death by riders with and without disabilities at each of its 86 subway stations across the systems 106.3 miles of tracks in the District of Columbia, Maryland and Virginia.

2. All riders of the subway and bus system have an easy to use and transparent way to report safety and accessibility concerns via various means mail, phone, e mail, Twitter, social media and receive timely information on the receipt of and all follow up actions taken as a result of such complaints (i.e., that the system has an effective and transparent complaint, feedback and accountability process in place).

3. OIG investigates all claims of fraud, waste, abuse or misconduct concerning Metro activities or operations, particularly those affecting the lives and safety of systems riders and personnel, in a prompt, responsible and transparent manner consistent with its charge and role.

4. All such complaints especially those claiming serious and possibly system wide threats to life and safety are investigated and resolved in a prompt, responsible, comprehensive, transparent and proactive manner rather than one that is lackadaisical, reactive and done at the convenience of Metro personnel.

I am naming Richard Sarles, the General Manager and CEO of WMATA, and Helen Lew, its Inspector General because the public entity both have been entrusted to lead is insular, defensive and inert when it comes to investigating accessibility and safety complaints and complying with the basic mandate of the ADA and Section 5O4 of the Rehabilitation Act that the transit system must be accessible to and, therefore, safely useable by individuals with disabilities. I believe the account I provide and assert is based on the facts I know and present below and shows WMATA lacks the accountability, transparency, capacity, commitment and integrity of action to comply with these laws. The basic facts supporting this complaint are these:

FACT 1 ---- THERE IS CREDIBLE EVIDENCE THAT REPAIRS TO PLATFORM ESCALATORS ARE CREATING SAFETY AND WHEELCHAIR ACCESSIBILITY HAZARDS IN SEVERAL BUT AN UNKNOWN NUMBER OF THE 86 WMATA STATIONS.

On April 9, I sent the following e mail to a WMATA OIG mailbox because I could identify no other way make a complaint via e mail, my primary mean of effective communication with nearly all people, and copied several local disability civil rights organizations:

From: Bob Williams To: wmata-oig-hotline@verizon.net, Sandy Bernstein , "TINA818@aol.com" , "Orr, Derek K. (EOM)" Date: Wed, Apr 9,

2014 at 6:35 AM

Subject: Threat to life, health and safety

Metro OIG: I can find no other way to report this promptly; thus, I am putting you on notice. Repairs/scaffolds around the escalators on the train platform at the Bethesda station have narrowed to less than what is required to be a readily accessible and safe path of travel to the elevator to a treacherous level. Remedy it before someone dies or is grievously injured. WMATA frequently does this, investigate it ... I will file a complaint with the Department of Transportation.

What I confronted on the Bethesda platform and other platforms before and since is that when WMATA repairs or installs a new escalator it encases the shaft in a plywood box. I assume this is done to protect the safety of both workers and riders and I recognize its necessity if that is its purpose. The problem is that the girth of such boxes are growing and turning into Mc Boxes. Riders naturally stand in front of these structures which both narrows the supposedly accessible path of travel for the wheelchair user and makes for a perilous dance because either the person in the chair or another rider needs to step closer to the platform edge to allow the other to pass and during peak hours when the platforms are crowded and things get particularly dicey.

One might wonder why a wheelchair user would take such a route. Well, that would be because in many stations especially ones with single track platforms the elevators to the mezzanine level are often located at one end of the platform or the other. Consequently, wheelchair users must use this path from the elevator to the train and vice versa, especially if the train stops some distance from where the elevator is located. There is simply no avoiding it, unless one avoids using certain stations altogether, as I and others I know do because they are neither accessible nor, safe to use.

Furthermore, in stations like LEnfant Plaza, which serves as a major transfer point for the Blue, Orange, Green and Yellow lines, WMATA has perfected the art of barrier creation. There it encased an escalator in a structure that not only created the access and safety hazards I just described but was so wide that it completely obliterated the accessible and safe path of travel

on the other side of the escalator. I am describing this situation in the past tense because I do not know if it still exists or not, since I no longer use the LEnfant Station, even though it is close to where I live and work in Southwest DC and clearly the one that is the most versatile to use, because it is unsafe and, therefore, inaccessible and readily unusable.

A major factor why I settled in DC after college 30 years ago is I knew that the Metros accessibility would prove instrumental to my efforts to success in life and my career, and it has, in fact, been very instrumental to my life and career over the decades. Increasingly, however, I am avoiding using it for the reasons just given and I am filing this complaint because like many others I am simply fed up. Furthermore, the issues I raise in this complaint to the FTA go to the core of why we have civil rights laws and why it is imperative they are enforced. Title II of the ADA and its precursor Section 5O4 of the Rehabilitation Act seek to enforce the simple precept that people with disabilities like all others in our nation must have equal access to public services and publicly financed programs and services like all others in our country. Not partial access, not unsafe access but equal access. I believe if the Federal Transportation Administration does a thorough review of my complaint and seeks wider public input by disability civil rights representatives in the DC Metropolitan Area it will find WMATA woefully and consistently fails to meet the mark. The following is a chronology of my e mail exchanges with WMATA. I copied several local disability civil rights organizations on my e mails given the importance and public nature of the hazards I reported and sought to have it remedy. WMATA did not follow suit.

On July 14, three days after my first e mail to the OIG mailbox, I received the following e mail response:

from: Washington Metropolitan Area Transit Authority - Office of Inspector General

to: rrw1957@gmail.com date: Mon, Apr 14, 2014 at 2:20 PM subject: Threat to life, health and safety

Good Afternoon Mr. Williams, The Washington Metropolitan Area Transit Authority, Office of Inspector General, has received your complaint. It has been referred to the appropriate management official for review and action. Thank you for bringing this matter to our attention.

Gerry D'Angelo Special Agent

On June 9, nearly sixty days later after not hearing anything back from Special Agent DAngelo or anyone else at WMATA as well as learning from other riders that they or other riders were encountering various stations in the system , I again contacted Special Agent DAngelo at : wmata-oig-hotline@verizon.net since he had not bothered to provide me with any other contact information for himself or the appropriate management official (to which he stated he had referred my complaint) for review and action. Though this is conjecture on my part, I believe as he indicates below that he took no action at all and assumed instead that I would be mollified by his representation that my complaint would be investigated and action taken in a timely, responsible and transparent manner. I further believe no such review ever was initiated. My June 9 e mail to the Special Agent, which I copied to several advocacy organizations follows:

From: Bob Williams Date: Mon, Jun 9, 2014 at 9:05 AM Subject: Re: Threat to life, health and safety To: Washington Metropolitan Area Transit Authority - Office of Inspector General , "bob.williams" , "hacase60@yahoo.com" , Carol Tyson , Sandy Bernstein , "Orr, Derek K. (EOM)" , Tina Campanella Special Agent D'Angelo: In April, you referred my complaint to some unnamed "appropriate management official for review and action." and then said, "Thank you for bringing this matter to our attention." In the approximate two months since I have encountered similar conditions on Metro and heard not a word from you or the "appropriate management official" you referenced. I believe this demonstrates a clear lack of transparency, urgency and diligence in following up on a matter that I believed then and now to pose a serious threat to the lives of Metro riders with and without disabilities. I write for two reasons. First, to ask that you supply me with the name and contact information of this official -- something which you should have done in April. Second, I also write to say that given this wanton disregard, I will be filing a complaint with the U.S. DOT as I am convinced someone is going to get injured or die because of the platform issue. Bob Williams

On June 10, Special Agent DAngelo sent the following response, copying Antonio Stephens, WMATAs ADA Ombudsman:

From: D'Angelo, Gerald W. [mailto:gwdangelo@wmata.com] Sent: Tuesday, June 10, 2014 11:18 AM To: Williams, Bob Cc: Stephens, Antonio Subject: Escalator Safety Complaint Good Morning Mr. Williams, I understand the impracticability of communicating via phone. I sent this email via my WMATA business email address, as I think it will be more efficient. I spoke to our General Superintendent in our Office of Elevators and Escalators. He said that ADA requires a minimum of five feet of clearance for travel. He has assured me the clearance at the Bethesda station is within ADA requirements, as are all other safety matters. If you believe this not to be the case, or there are other safety issues present, please let me know and I will ensure we get a correct response. My apologies for the delay in your initial response, it was entirely my fault. Gerry D'Angelo Special Agent Office of Inspector General Washington Metropolitan Area Transit Authority

Is this the operating procedure standard of WMATA: As long as the General Superintendent asserts that accessibility and safety matters are fine, it is of no real concern and there is no need to investigate further? Is this how WMATA OIG conducts its investigations regarding potentially serious safety hazards? The General Superintendent makes the assertion that clearance at the Bethesda station is within ADA requirements but what precisely is this based on? Did the Special Agent or General Superintendent attempt to independently validate this information? Or was it assumed that as a member of the public or someone with a disability no less that I should blithely accept such an explanation? Does such conduct comport to what the General Manager and Inspector General find acceptable?

Is it standard OIG protocol to shift as Special Agent DAngelo does above the burden of proof on the public: If you believe this not to be the case, or there are other safety issues present, please let me know and I will ensure we get a correct response? On June 10, I sent the following e mail to Heidi Case, a member of WMATAs Accessibility Advisory Committee, Special Agent DAngelo and Mr. Stephens to restate and make my position on this matter as clear as possible:

to: "hacase60@yahoo.com"

cc: "D'Angelo, Gerald W." , "Stephens, Antonio"

date: Wed, Jun 11, 2014 at 9:58 AM

subject: Re: Escalator Safety Complaint

My position is simply this: The type of situation I have made WMATA, U.S. DoT and others aware of is principally about the safety of all subway riders with and without disabilities, and it has major implications for physical and program access to the system under ADA and Section 5O4 of the Rehabilitation Act. And, if it is not safe, it is not accessible or useable.

The Access Board guidelines are of necessity static and represent the minimum... they cannot account for platform and rush hour conditions, forklifts, scaffolding, etc. I recognize the need for WMATA to do maintenance on elevators, escalators, etc., throughout the system. I do not want to make that harder, especially for the workers.

However, for safety and accessibility sake, I am now formally, requesting that Metro:

---- Institute immediate and ongoing review of all construction sites and protocols system wide to identify adverse impacts and risks for safety and access

---- Make needed changes to such processes and requirements

---- institute enhanced messaging and signage strategies that let riders know when and where platform conditions might require greater attention to one own as well as that of others

---- STRONGLY consider whether there are ways to reduce such risks by having trains cover the affected parts of the track when they are in the station.

I will share these recommendations with a broader group of stakeholders as well. Bob Williams

Here in more detail is what I had in mind when I made the recommendations in the e mail above:

WMATA SHOULD INSTITUTE IMMEDIATE AND ONGOING REVIEW OF ALL CONSTRUCTION SITES AND PROTOCOLS SYSTEMWIDE TO IDENTIFY ADVERSE IMPACTS AND RISKS FOR SAFETY

AND ACCESS AND IT SHOULD MAKE NEEDED CHANGES TO SUCH PROCESSES AND REQUIREMENTS.

Recently, I used the Green Line platform elevator at Fort Totten and noted there is minimal railing between the track and elevator such that someone in a wheelchair or a child in a stroller could fall right through the rail and on to the tracks. This situation is a perfect example of why WMATA must be proactive. It has no doubt existed since Green Line service began at Fort Totten, a transfer point for the Green and Red Lines. Some might argue that the fact that nothing untoward has apparently occurred in this regard is proof that I am over reacting or the man who cries wolf. Frankly, I plead that the FTA and the WMATA General Manager not to take my word for it. Go see for yourself. I further believe that FTA should compel WMATA to: 1. Remedy this hazard at Fort Totten and possibly other stations, and 2. outline the specific actions/timeline it will take/follow to eliminate or ameliorate such barriers going forward.

Because of safety on the platforms and poor signage directions to elevators, I now use the Metro only once or twice a month to travel to and through about 10 different stations within the past 6 months. If I am identifying such problems in my limited travels, I have to assume similar problems exist in other stations. I have no sense of the magnitude of these problems system wide. Nor, should FTA assume without further investigation that WMATA has much of a better sense of it either.

For this reason, I believe WMATA should implement a proactive and expanding review of stations, construction projects and relevant protocols to detect, remedy or mitigate such issues. Specifically, in regard to construction sites and protocols, WMATA should, of course, use the Access Board guidelines to inform its construction processes. However, WMATA officials also should have the commonsense and professional acumen to recognize that especially during rush hours and holidays that merely being within the guidelines might not be enough to ensure accessibility or safety especially around escalator work sites and the like.

Real estate on single track platforms in particular is extremely limited/valuable and must clearly accommodate the safe passage of riders and personnel as well as maintenance demands. This requires not a one shot, perfunctory review but a dynamic process. In particular, WMATA should take a range of steps to constantly assess, adjust for and ameliorate such concerns. For example, both before starting and periodically throughout a construction project, it should assess its impact on rider traffic flow, wheelchair users access and the safety of the path of travel during peak and non-peak hours. It also should take steps to eliminate, lessen or at the very least effectively communicate where and when such problems exist to riders. To the extent that overall rider safety considerations permit, WMATA should serious consider taking the following types of preventive actions:

Install temporary buffers or railing between the platform and the edge around construction sites.

Post No standing signs along escalators on single track platforms to relieve congestion and unsafe conditions in such area.

Paint two parallel lines approximate the width of a wheelchair alongside such escalators to indicate to all riders what a safe path of travel looks like research shows such visual cues promote road safety, why not use it here as well.

Post on each side of a single track platform a prominent sign indicating which direction a wheelchair user should head in to locate the elevator to also cut down on congestion. These direction indicators used to be on the outer wall of the metro tunnel on the sign saying what the name of the station is.

Add directional arrow to all of the pylons on which stations are listed. Such arrows used to prominently appear on each pylon. As new station names were added, however, the arrows for some reason were not put back on. Consequently, wheelchair users, especially tourists, literally have no cue of where to find the elevator. We waste time; we get caught up in the crowd, get lost and are made to look the fool all because WMATA has not bothered to post effective signage.

There might be valid reasons why some of these actions cannot or should not be taken. But, WMATA has a principal duty, legally and morally, to take all appropriate steps to enhance the safety of all its riders. Safety should not be determined in the abstract or by a two minute phone call or a short e mail exchange, which again though it is conjecture, seems to have been the case with my complaint this time.

Accordingly, WMATA also needs to review the practice it uses of encasing escalators undergoing repairs in plywood. As noted previously, this might be necessary to do for work site safety. What is inexplicable and seemingly excessive, however, is when WMATA construct such structures to be between an estimated 10 to 12 feet in width and therefore seal off accessible and safe route on the platform for weeks on end. The FTA should compel WMATA to: 1. justify its use of these walls of exclusion-- to borrow an apt phrase from the first President Bush at LEnfant Plaza and possibly other stations, 2. Outline the specific actions/timeline it will take/follow to eliminate or ameliorate such barriers going forward; and 3 Set and follow clear and transparent guidelines and reasonable timelines for investigating, resolving and reporting its actions to the public on accessibility and safety complaints it receives. If WMATA fails to institute these steps promptly, I and others will have no reason but to assume that the public transit system wishes to remain unaccountable for its actions and inactions vis--vis complying with the ADA. Access to such information and an assured accountability loop is no trivial matters. Riders with disabilities must have accurate real time information on accessibility and safety hazards, the status of related complaints, what it is doing to resolve them and a timeline for when such actions will be taken and completed. Such riders need both to be able to access this type of information and to know that WMATA will work to resolve their concerns to plan their travels and trust that if they use the system they can do so without ending up marooned.

WMATA SHOULD ENHANCE MESSAGING AND SIGNAGE STRATEGIES THAT LET RIDERS KNOW WHEN AND WHERE PLATFORM CONDITIONS MIGHT REQUIRE GREATER ATTENTION TO ONE OWN AS WELL AS THAT OF OTHERS (I.E., THE SYSTEM SHOULD HAVE AN EFFECTIVE AND TRANSPARENT COMPLAINT, FEEDBACK AND ACCOUNTABILITY PROCESS IN PLACE).

In the 1990s, WMATA to its credit took action on recommendations I and others made that the subway system make use of all its communication vehicles at the time e.g., announcements in the stations, by train operations and via the digital signs as well as via its website and e mail alerts to inform riders about elevator outages. It now must use the same means as well as social media to alert its riders about escalator outages/construction sites and related accessibility and safety concerns one must be conscious of when traveling on such platforms. Given the large percent of riders using escalators and the traffic flow, accessibility and safety hazards such outrages create prudence and commonsense requires this be done. Train operators could make simple declarative statements such as:

The platform elevator or escalator at xyz is not working. Expect crowded conditions, use caution. Allow riders with disabilities room to reach and use the elevator located toward the front/middle/end of this train. Be safe and courteous.

Moreover, WMATA should use its website, social media, e mail alerts, digital signs, etc., to convey similar messages to its rail passengers, many of who are tourists and often know little to nothing about how to use and navigate the system. Research is showing that individuals that face multiple forms of scarcity in life (e.g., time, money, space, etc.) often can have impaired decision making as a result. A single track Metro platform is a scarcity rich environment. The good news is the same research can be used to ameliorate how such conditions affects personal behavior.

Wheelchair users and others who must rely on its elevators face additional hurdles and hazards. As I just noted, signage on the platforms pointing out the direction in which the elevator(s) is/are in is rare, randomly placed and in some cases, inaccurate or contradictory, which leads to delays, overcrowding and compromises safety. As a wheelchair user exiting a train, I have a nano second in which to somehow divine which way to turn to reach the elevators as dozens of others are gathered around waiting to get on the train. If I have no idea which to turn and make the wrong decision, I then get caught up in the throng trying to exit one or more trains as well as platform level. I search out a sign but often do not see them or go a good distance until I do. Because of my speech disability, asking others where the elevator is located is not a real option and even if it were I am not sure it would help anyhow given few know where the elevators are located. If I have to turn around ahead in the opposite direction, this can be difficult and almost impossible during rush hour.

This could be remedied by WMATA upgrading and standardizing signage and taking similar steps. For example, it could produce, post and make available a simple map and an alternative and accessible formatted document that identifies the approximate positions of elevators and escalators in each station, which could be accessible in print, online and an app version as well as a station map on the platform before going through the gates. This does not strike me as something that is too much to expect given the stakes. Yet, there seems to be something deep in WMATAs culture that is impervious or hostile to taking such commonsense actions or regarding people with disabilities as anything more than a nuisance it must put up with but is perfectly free to treat with disregard.

For several months beginning last summer, elevators at LEnfant Plaza and Gallery Place Chinatown, two of the most used transfer stations, underwent major work at the exact same

time. Doing this, in effect, render these major thoroughfares inaccessible for months for unknown numbers of people with disabilities and chronic conditions like diabetes asthma, COPD, etc., who must rely on elevators and disproportionately because of demographics and health disparities likely are children, adults and older persons of color. Let me be clear, no one is objecting to the absolute need or indeed, the desirability of making hundreds of such necessary renovations in the rail system over what I gather will be the next 5 to 10 years.

What I and others do object to, however, is WMATAs decision making regarding the way, the timing, the time it takes for these planned renovations to be carried out and we have questions that demand answers:

Precisely why and how was the decision made to take elevators at these major crossroads offline for several months and simultaneously?

Did WMATA solicit public comment on its plans? Did it ask for feedback from its Accessibility as well as its Riders Advisory Councils (AAC and

RAC)? In WMATAs 4/15/14 Monthly Synopsis of WMATA Elevator and Escalator Performance

prepared for the AAC, it indicates that scheduled outages of elevators/escalators are not factored in when it determines the performance rates. Why is this the case? And, why is this not misleading?

In general, how does WMATA calculate its elevator performance rate on a daily, weekly or monthly basis?

In the 4/15/14 Synopsis the elevator performance rate for the previous month was stated to be about 97%. There are about 289 elevators in the system, of which 40 are used by personnel only. Was the 97% based on the 289 or a lesser number? If certain elevators were excluded from the total count, why was this done? And, why is WMATA so opaque about such matters with the AAC and the public?

Did WMATA report to the AAC, RAC and its riders regularly before and during the renovation projects on any complaints received and follow up taken, any delays it experienced in completing the work or any steps it was taken to hasten completion the projects or lessen the impacts?

What steps has WMATA taken or is it willing to take to make its scheduled renovation projects more transparent and easier for riders with and without disabilities to plan around?

Would it really create an undue burden on the multi-billion dollar public transit system to set clear deadlines and other accountability measures it must meet as well as keep riders with disabilities abreast of its progress and any delays it experiences in completing these projects?

What due diligence and commonsense consideration if any did WMATA give to the tumult, disruptions, confusion and melee such extended outages create commuters and tourists with disabilities relative to these and other construction projects?

And, what specifically, if anything, is it willing to publicly commit to do differently to alleviate such construction related accessibility problems going forward?

WMATA SHOULD STRONGLY CONSIDER WHETHER THERE ARE WAYS TO REDUCE SUCH RISKS BY HAVING TRAINS COVER THE AFFECTED PARTS OF THE TRACK WHEN THEY ARE IN THE STATION.

Many, if not all, all of the accessibility and safety hazards created by the escalator renovation process could be alleviated in the following manner. Especially on single track platforms the elevator is located quite a distance from where the front or last car of the train stops when it pulls into the station. For example, this is an approximation but the elevator at the McPherson Square Station going toward to National Airport is a good 20 to 30 feet from where the last car stops. On clutter free days, there is ample room to go up most of this platform and others like it. However, WMATA personnel seems to be increasingly getting into the habit of parking forklift like tractors and other equipment along these area, narrowing and making the path of travel more hazardous. Such practices might or might not reflect what WMATA finds acceptable practice. Either way it is still discriminatory placing many riders with disabilities as well as families with toddlers in stroller and young children who are advised by Metro to use the elevators because it is safer at greater risk of harm, injury or worse.

The one way, I believe, such risks could be avoided is if WMATA made it standard practice to stop the train at a place in each station where the elevator is located at an extreme end so that no part of the platform edge would be exposed. In other words, either the first or last car would line up with the elevator. Currently, this is sometimes but not always done. I do not pretend to have the professional expertise to know if this is feasible or safe to do at all such stations. I believe, however, this concept merits an independent review as I have no confidence that WMATA will give it just or serious consideration. For this reason, therefore, I request that the FTA arrange for such independent evaluation to take place at WMATAs expense. I believe such action can and should be taken expeditiously to determine whether what I have proposed can be done in a safe and reasonable manner, and would enhance the safety of people with disabilities and others who must rely on such elevators.

To continue with the chronology:

On June 11th, I received the following e mail from Mr. Stephens: from: Stephens, Antonio to: Bob Williams , "hacase60@yahoo.com" cc: "D'Angelo, Gerald W." , "Blake, Christiaan P." date: Wed, Jun 11, 2014 at 10:47 AM subject: Escalator Safety Complaint Good morning Mr. Williams,

Thank you for bringing this issue to the attention of Ms. Heidi Case, a member of Metros Accessibility Advisory Committee. As the ADA Ombudsman, I will also look into this specific situation and address the safety issues you have raised. I am sure you know there are a number of departments involved with the rehabilitation and maintenance of the Metrorail system and the Office of ADA Policy and Planning (ADAP) works with those departments to insure safe access to and within the system is the priority. We will review the work areas of the station identified by you and Ms. Case (Bethesda, LEnfant Plaza and Columbia Heights) to determine if the required work areas can be adjusted to safely maximize traffic flow along the platforms. I will remain in contact with you and Ms. Case to provide an update. Again, thanks for your concern and recommendations. Regards, Antonio Stephens

On the evening of June 11th, I responded to Mr. Stephens and copied representatives from several disability civil rights organizations and officials from WMATA the U.S. Department of Transportation:

From: Bob Williams Date: Wed, Jun 11, 2014 at 8:58 PM Subject: Re: Escalator Safety Complaint To: "Stephens, Antonio" Cc: "hacase60@yahoo.com" , "D'Angelo, Gerald W." , "Blake, Christiaan P." , bryna.helfer@dot.gov, Linda.Ford@dot.gov, John.Day@dot.gov, "Orr, Derek K. (EOM)" , "TINA818@aol.com" , Carol Tyson , Sandy Bernstein

Mr. Stephens I appreciate your e mail and the action you have committed to undertake. However, I find your stated plan---- to "review the work areas of the station identified by you and Ms. Case (Bethesda, LEnfant Plaza and Columbia Heights) to determine if the required work areas can be adjusted to safely maximize traffic flow along the platforms" to be grossly insufficient to address the serious and systemic nature of the threats I and others have brought to WMATA's attention. Three people -- Ms. Case, Ms. Tyson and I -- identified problems at one or more of the 3 stations you cite. I am not all that good at statistics but I think if 3 people who make limited use of the second most used-- 106.3 miles, 86 stations-- rail system in the U.S. identify problems at stations they have been through, probability suggests such problems are far more widespread. Accordingly, I will be filing a complaint with the U.S.

Department of Transportation and taking other steps to spur a more comprehensive and sensible approach to investigating and addressing these issues. Bob Williams

It has now been more than a month since I sent this last e mail and over three months since I brought what I considered then and still consider a life threatened hazard to WMATAs attention? What have they done? I do not expect WMATA to take my word for it. But I do expect the General Manager and Inspector General to make clear to their subordinates that when WMATA riders make accessibility or safety complaints, each must be investigated in a prompt, thorough manner with an eye on identifying as well as eliminating or at least lessening system wide problems rather than merely sloughed off. Despite representations from WMATAs Special Agent DAngelo and the ADA Ombudsman that they would investigate my concerns and communicate back to me, neither has done so. In the interim, I encountered yet another accessibility hazard which I am reporting now. The elevator from the Green Line to the mezzanine level at Fort Totten is located at the extreme far end of the track. In fact, to get on the elevator one has to enter an area that is out of view and very near the edge of the track. There is a U shape bar in front of the elevator that I gather is WMATAs attempt at preventing someone from falling on to the tracks. There are two problems, however, with it. First, because it is U shaped a person in a wheelchair, a child in a stroller or anyone else could slip and fall right through it. Second, the bar does not extend far enough from the elevator on to the platform to safely enter or exit the area. Some might assert that this U shape bar meets some specs in the ADAAG and that is all that matters. I believe, on the contrary, that it poses an untenable and unnecessary risk. In fact, at the King Street Station, where the elevator is also located at the end of the platform but not precariously positioned as the one at Fort Totten, substantial sets of bars runs from the elevator on each side of the platform for at least 10 to 20 feet. What possibly can explain yet alone justify this disparity inaccessibility and safety levels before these two stations and I believe others as well? I beg you, dont take my word for it. Investigate it and if you see it the same way, remedy it.

In his June 11 e mail, the ADA Ombudsman indicated that WMATA will {only} review the work areas of the station identified by you and Ms. Case (Bethesda, LEnfant Plaza and Columbia) to determine if the required work areas can be adjusted to safely maximize traffic flow along the platforms. This sums up WMATAs recalcitrant riders with disabilities beware and be damned approach to assuring ADA compliance. WMATAs approach to investigating and resolving accessibility and safety complaints based on my experience and those of others I know seems to be to look at such reports only when pressed, to delay as much as possible and to look at only those specific concerns without considering let alone addressing possible system wide implications or consequences.

I was told that at a recent meeting of the Metros Accessibility Advisory Committee that when this issue was discussed one or more members pointed out to Mr. Stephens that the accessibility and safety hazards I and others have pointed up not just unique to a small number of stations. But, rather, are caused by the way that Metro repairs or installs new platform escalators. Presumably, Christain Blake, the Director of ADA Policy and Planning at WMATA

was at the same meeting or heard about this discussion. Yet, Mr. Stephens in his June 11 e mail explicitly states his inquires will be solely limited to the work areas of the station identified by you and Ms. Case (Bethesda, LEnfant Plaza and Columbia). I believe this is evidence of WMATAs refusal and lack of capacity to take the proactive steps necessary to assure that the system, when viewed in the entirety, is readily accessible to and usable by individuals with disabilities as required by Section 5O4 of the Rehabilitation Act and the public transit provisions of the Americans with Disabilities Act. For this reason, I am requesting and expecting that the Federal Transportation Administration launch an expedited and thorough review of the Nations Capital public transportation system to determine if WMATA is meeting this bedrock obligation.

FACT 2 ---- THERE IS NO EASY TO USE AND TRANSPARENT WAY TO REPORT SAFETY AND ACCESSIBILITY CONCERNS TO WMATA VIA VARIOUS MEANS MAIL, PHONE, E MAIL, TWITTER, SOCIAL MEDIA.

I have a significant speech disability. While I use an AAC device to carry on conversations on the phone, it is not an effective means of communicating about something as involved as an accessibility or safety complaint to WMATA or any other public entity covered by ADA or Section 5O4 of Rehabilitation Act. As a matter of effective communication, I and others with hearing or speech disabilities as well as the public writ large should be able to share such concerns and complaints known in a variety of means, including in person, via mail, phone, e mail, Twitter or social media. This is 2013 after all.

Yet, there is no indication on the home page of the WMATA website on how to file a complaint on any matter whatsoever. As I said above, I e mailed my complaint to a nameless WMATA OIG e mail address because it was the only one I could find on the morning of April 9.

Later by surfing around, I found two places where information on making complaints is available: The Metro Accessibility Resources page and the Metro Customer Comment page. Both pages, however, are buried deep in the bowels of the website and thus, extremely hard to find. As the recent winner of the American Public Transit Associations prestigious safety award, one might expect WMATA would have a highly visible, timely and transparent complaint/safety reporting process. Clearly, however, this is simply not the case. Why not? Does WMATA not value receiving feedback, input and complaints from the public on accessibility, civil rights, safety and other concerns? WMATA is to be commended for its see it, report it security campaign. It should embrace and extend this same ethic to these other crucial realms as well.

I also want to point out that on the About Section of its website, WMATA has posted a statement entitled, Metros Commitment to Civil Rights - Title VI. It is good to see that WMATA recognizes its commitment i.e., legal obligations not to discriminate and to ensuring that:

no person is excluded from participation in or denied the benefits of its services on the basis of race, color or national origin, as provided by Title VI of the Civil Rights Act of 1964

However, I could find no policy statement on its website pertaining to its commitment to the civil rights of other protected classes such as women, older persons, individuals with disabilities, veterans, LGBT persons and others. If WMATA is truly cognizant of and committed to meeting its legal obligations to ensuring equal access, nondiscrimination and the equal protection of not just some but all of our countrys civil rights laws, it must adopt a strong and inclusive policy statement that makes this clearly. Accordingly, such a statement also should:

Be afforded prominence on its home page rather than be relegated to the nondescript

About section and listed just above the Lost and Found tab where the link for the Title VI is now located.

Be expanded and brought into the 21st Century by including references to all protected classes covered by each and every one of our Nations civil rights laws enacted over the last half century. To do less disparages the rule of equal protection of our laws.

Specify the position and contact information of the senior WMATA official who has the requisite authority and responsibility for investigating all not just some civil rights complaints. Absent such clear lines of accountability, WMATAs commitment to civil rights rings hollow.

Indicates that civil rights and other complaints and concerns can be shared with WMATA via various means e.g., mail, phone, e mail, Twitter, social media, etc., -- rather than indicate that all such matters be addressed and mailed to some nameless and accountability-free mailbox at its headquarters.

Designate one senior official with the authority, responsibility, independence, staff and other resources to serve as its Civil Rights Director to investigate and address any and all civil rights matters brought to or found to be pertinent the policies and operations of the system.

Require the WMATA General Manager to personally chair public forums of riders, civil rights organizations and others to listen and respond to and have his or her senior management team listen and respond to the concerns, ideas and recommendations of these constituencies. Such forums should occur quarterly so that one could be held in each of the three jurisdictions WMATA is meant to serve and an annual one for the region as a whole.

I do not know what WMATAs overall civil rights track record has been. I do know, however, that WMATA had to be sued in 1972 for the rail system to be made accessible and it was made accessible reluctantly and largely as an afterthought. Since that time it has been sued many times to force it to comply with various federal disability civil rights and accessibility requirements. It has generally resisted such litigation and at times has prevailed in court. The bottom line point, though, WMATAs reputation and track record in the disability community has never been good and, I believe, is getting worse. Many like me based on the kind of

experiences I have been describing do not have any reason to believe its words, its actions or its promises when it comes to complying with the law by operating an accessible, usable and safe public transit system. WMATA, the jurisdictions that it serves and help fund it as well as the federal government have a choice to make. The transit system can continue this legacy or it can act to reverse it. We are now in 2014 -- nearly a generation has passed since the enactment of the ADA and Section 5O4 is over 40 years old. The civil rights of people with disabilities to use the system in an accessible readily usable and, therefore, safe manner should no longer take a back seat or be regarded as an afterthought by what WMATA touts on its website as being the second largest heavy rail transit system, sixth largest bus network and fifth largest paratransit service in the United States.

FACT 3 ---- THERE IS CREDIBLE EVIDENCE THAT WMATA OIG FAILS TO INVESTIGATES OR REFER ON COMPLAINTS BY RIDERS CONCERNING HAZARDS AND SITUATIONS AFFECTING THE LIVES AND SAFETY OF SYSTEMS RIDERS AND PERSONNEL, IN A PROMPT, RESPONSIBLE AND TRANSPARENT MANNER CONSISTENT WITH ITS CHARGE AND ROLE.

Taking Special Agent DAngelos at his own words, he was responsible for the delay to the initial response, it was entirely my fault. In other words, he did nothing with my complaint at all except to try to mollify and make me go away. The problem goes deeper than the actions, inactions and inertia of those with whom I exchanged e mails. It seems to be an accepted part of WMATAs culture and daily operations for which the WMATA Board, the General Manager and the Inspector General, once again, have a clear choice to make. They can either allow it to fester unchecked or they can take decisive demonstrative leadership and action to reverse it.

FACT 4 ----THERE IS CREDIBLE EVIDENCE THAT WMATA ROUTINELY FAILS TO GIVE DUE CREDENCE TO, INVESTIGATE AND RESOLVE THE COMPLAINTS OF RIDERS ESPECIALLY THOSE CLAIMING SERIOUS AND POSSIBLY SYSTEMWIDE THREATS TO LIFE AND SAFETY ARE INVESTIGATED AND RESOLVED IN A PROMPT, RESPONSIBLE, COMPREHENSIVE, TRANSPARENT AND PROACTIVE MANNER.

Sadly, I already have provided ample evidence of this. On July 4th, probably the busiest most travelled day on Metro rail, twenty seven escalators (about 5% of the total) were out of service. Of these, sixteen are undergoing scheduled maintenance according to the WMATA website. And, the same website indicates that only three elevator had unexpected outages. Clearly, WMATA is to be commended for its maintenance efforts. The problem, however, is I do not truly know which or how many of the out of service escalators might be creating the accessibility and safety hazards I have described and nor does WMATA. Dont take my word for it. Investigate it.

I would like to share two quotes that I believe sums up the root cause of the problems I have outlined as well as points up one of several steps that can and I believe WMATA must take to effectively address them. Last September, when he was asked by local TV station Fox 5 to comment on the delays and havoc caused to both commuters and tourists with disabilities by the lengthy shut down and replacement of elevators at the LEnfant Plaza, Gallery Place Chinatown and other stations, Metro spokesperson Dan Stessel stated: "The rehabilitation process really gives you a new elevator in the end of it. You're building a new elevator within the existing shaft. Mr. Stessels statement is true as far as it goes. Like much of what WMATA says, however, it is far from the whole truth. As Ms. Amy Scherer, a young professional wheelchair user who commutes to and from work and meetings, made clear in the same report the tumult created by such efforts are not trivial as some like to discount. I urge the FTA to view the report in view and consider whether the wheelchair aerobatics, delays and mind boggling nuisances Ms. Scherer and countless others must contend just to ride on what WMATA likes to brands as Americas Public Transit system is consistent with Congress understanding and, I believe, intent that public transportation must serve as the linchpin for the integration of children, adults and older persons with disabilities into our Nations community, schools, workplaces and civic life. Is this what now passes for accessible public transportation nearly a generation after the enactment of the ADA? On this very note, though, let me also point up a hopeful note and a possible way forward. In a recent interview in the Washington Post about WMATA APTAs Gold Award for have been determined to be the safest transit system in the country, General Manager Sarles, of course, expressed genuine pride in his teams accomplishments. But he also was quick to point out that now is not the time for he, his staff, the publicly funded transit system or, would I add WMATA riders, especially those with disabilities, to accept the status quo. It is not good enough, it is not accessible or readily usable enough and it is not safe enough. We can and must do better. I am the first to say WMATA has come a long way. But, I agree strongly with Mr. Sarles assertion that Theres more work to be done (its) always a work in progress. The overhauling, construction and replacement of hundreds of elevators and escalators throughout the system over the coming years will place increasingly enormous stresses and strains on the Metros accessibility, usability, safety and viability as a public transit system. Simply put, I believe this has all the making of a perfect storm and needs to be addressed as such. I recognized that not all of these threats can be completely eliminated despite whatever best efforts are undertaken but much could and should be ameliorated. What I find most disturbing and a major reason why I am filing this complaint, however, is that I believe these issues are being given little to no attention by WMATA generally and by its ADA Planning Office (ADA PO) and the Accessibility Advisory Committee specifically. In reviewing the minutes of the AAC and its bus and rail subcommittee (BRS) for the last 12 months, two things became distressingly apparent: Little to no discussion was cited on safety and accessibility concerns involving the escalator

and elevators renovations and I saw no mention of the extended shutdowns at LEnfant Plaza, Gallery Place Chinatown and other stations, despite the known havoc it was creating.

The few times such issues was raised really an AAC members or by a member of the public, the ADA PO or other WMATA officials was quick to promise to look into the matter and report back; yet I found no mention of their doing so in subsequent minutes.

I do not make these statements lightly or to cast aspersions on the hard work, diligence and commitment of the AAC. It is clear from reviewing the minutes that the AAC is investing much in their work and often is undercut in doing so by a deliberate opaqueness and dismissiveness and patronization on the part of the WMATA managers and staff with whom it must work. Again, I advise the TA and General Manager and WMATA Board, do not take my word for it. Read the AAC and BRC minutes and investigate it further. Ultimately, the WMATA Board, the General Manager and the FTA have a choice to make. Each can decide for themselves whether the issues I have raised and the recommendations are serious and sound enough to merit further investigation and action. My hope is that the Board and General Manager will read my complaint as the wakeup call that it is meant to be. Specifically, over the next 12 months as we approach the twenty-fifth anniversary of the ADA, I hope that the Board and General Manager will engage in open, honest and frank discussion with Metro riders with and without disabilities and others on: The state of the accessibility, usability, safety, transparency and accountability of the

system today; and, What it will concretely take to make it the most accessible, usable, safest, transparent and

accountable in the U.S. so that WMATA can be truly Americas public transit system. Holding public forums will not solve all the problems and what I fear are some deeply ingrained cultural bad habits at WMATA. However, if the Board and the General Manager engage, commit to and follow through on such public dialogue, it can be a major step in restoring the trust and confidence of riders with disabilities to leave the driving to Metro, which is one of our most transformative civil rights. I hope that WMATA and the FTA will review the concerns and substantial recommendations I have outlined in this complaint in a prompt, serious and thorough manner. Each year WMATA gives out what it calls the Richard Heddinger Accessibility Award without acknowledging that he and others disability civil rights leaders like Fred Fay spent much of the 1960 and early 70s struggling to gain federal legislation and then suing WMATA to compel it to make the subway accessible. We cannot ignore this history or the vital lesson it reinforces: Accessibility abroad in our land like all freedom requires vigilance. (See tenBrock, Heddinger, Fay Powers and Schrag for some history worth knowing.) Unfortunately, these lessons appear to be being ignored. Instead, I believe that in 2014 the countrys second largest public transit/rail system is operating, when viewed in its entirety, with wanton disregard for the civil rights, effective communication and information needs as well as safety of a class of its ridership as if this were the 1950s. For this reason, therefore, I request and expect FTA to compel WMATA to provide substantive written responses to these questions,

concerns and recommendations in an accessible format on its website by September 15. If no such responses are forthcoming or are insufficient or opaque, I will pursue other remedies and avenues available to remedy these and other concerns. I further urge that the situation I describe at Fort Totten be investigate by WMATA immediately and report its findings and follow up actions to the FTA and I by August 1. Thank you for your consideration of this complaint. I look forward to hearing back from you soon. Bob Williams