May 17, 2010

Re: FTA Complaint Number 10-0164

Dear [name withheld]:

This letter responds to your complaint against the Sacramento Regional Transit District (RT) 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 are in compliance with 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.

• Your complaint alleges that the fare vending machine at RT’s Iron Point Station is inaccessible to persons using wheelchairs because of its height and the fact that the screen is tilted upwards. You have missed the train twice trying to use the machine.

With respect to fare machines, the ADA Accessibility Guidelines (ADAAG) do contain design requirements to ensure accessibility, both in the original 1991 guidelines as well as the updated 2004 guidelines, which DOT incorporated as standards into its ADA regulations in November 2006. Where fare vending machines are provided, at least one at each location shall comply with the requirements, which vary depending on which version of ADAAG was in effect at the time of a facility’s construction and purchase of the machine.

In response to your complaint, we contacted RT for more information and learned that you had been working with them to resolve the issue around the time you filed the complaint with FTA. The RT informed us that, subsequent to your complaint, the pedestal of the fare vending machine at the Iron Point Station was replaced on April 8, 2010, with another type. The new pedestal lowers the machine by approximately 6 inches and, according to RT, ensures the device complies with the ADAAG in effect at the time the machine was installed. The machine also includes accessibility features such as an audio output option.

The record shows that RT was responsive to your complaint and has taken steps to ensure the accessibility of the fare vending machine. We are therefore closing your complaint as of the date of this letter and will take no further action. If you have any questions, please contact me or Dawn Sweet of my staff at (202) 366-0529 or via e-mail at dawn.sweet@dot.gov. Any further correspondence should reference FTA Complaint No. 10-0164. Thank you for bringing your concerns to our attention, and we trust this information is helpful.    

Sincerely,

John R. Day
Acting ADA Team Leader
Office of Civil Rights

cc: 
RT
FTA Region 9