May 13, 2008

Re: FTA Complaint Number 08-0221

Dear [name withheld]:

This letter responds to your complaint against Pace Suburban Bus (Pace) alleging discrimination on the basis of disability.  The Federal Transit Administration (FTA) Office of Civil Rights is responsible for civil rights compliance and monitoring, which includes ensuring that providers of public transportation properly implement Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973, and the Department of Transportation's (DOT) implementing regulations at 49 CFR Parts 27, 37, and 38.

In the FTA complaint investigation process, we analyze allegations for possible ADA deficiencies by the transit provider.  If FTA identifies what may be a violation, we first attempt to provide technical assistance to assist the public transit provider in complying with the ADA.  If FTA cannot resolve apparent violations of the ADA or the DOT ADA regulations by voluntary means, formal enforcement proceedings may be initiated against the public transit provider which may result in the termination of Federal funds.  FTA also may refer the matter to the U.S. Department of Justice for enforcement.  

Each response is developed based on the specific facts and circumstances at issue.  A determination resulting from a review of these facts is not intended to express an opinion as to the overall ADA compliance of that transit provider.

Specifically, your complaint of April 5, 2008, alleged that on April 3, 2008, your paratransit ride was late picking you up.  You also complain that Pace eliminated the will-call option for paratransit pickups.

Although your situation on April 3 was regrettable and unfortunate, one instance of a late pickup does not show a pattern or practice on the part of Pace to establish a capacity constrain in violation of DOT’s ADA regulations.  If you continue to have problems with late pickups, please consider keeping a log of your trips and bring each instance to Pace’s attention each time you experience a late pickup.  Their phone number for complaints is 1-800-606-1282.  If after doing this you do not experience better service, please contact us directly at the address above.

With regard to the elimination of “will-call” pickups for paratransit passengers, although this policy might have been convenient for you in the past, Pace is not required under the ADA to provide will-call service.

After reviewing all of the submitted materials, the FTA Office of Civil Rights has not found Pace to be in violation of the DOT ADA regulations.  Therefore, we are closing your complaint as of the date of this letter.

This concludes our processing of this matter and no further action will be taken.  If new information comes to your attention, please contact us.  If you have any questions regarding our determination, please contact Stephanie Sharer, at (202) 366-0272 or at her e-mail address: stephanie.sharer@dot.gov.  Thank you for bringing your concerns to our attention.

Sincerely,

David W. Knight
ADA Team Leader
Office of Civil Rights