March 13, 2008

Re: FTA Complaint Number 07-0120

Dear [name withheld]:

This letter responds to your complaint against New Jersey Transit (NJ Transit) 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 January 8, 2007 alleged that:

At the Old Bridge Park and Ride Facility, there are handicapped parking spaces available in Lot 1B, the closest lot to the bus stop, but this lot is restricted to monthly permit holders.  Daily parkers must use Lot 1C, where there is no designated handicapped parking and which is significantly further away.
FTA investigated your allegations and sent an information request to NJ Transit.  We received a response from NJ Transit that addressed and provided relevant information on your allegations.  NJ Transit indicated that they spoke with you in July 2007 about your allegations and explained to you that the accessible spaces for all the NJ Transit parking lots at Old Bridge are located in Lot 1B, at the closest point to the bus stop, and that NJ Transit’s policy has always been that the accessible spaces in Lot 1B serve monthly and daily parkers with valid NJ Motor Vehicle Commission credentials.  NJ Transit indicated that you were satisfied that your complaint had been addressed and as far as they knew, you had no further problem with the parking situation at Old Bridge Park and Ride.

We have tried to contact you several times via phone to confirm with you that this issue had been resolved.  Since we have not heard back from you, we assume that your complaint has been appropriately addressed by the NJ Transit and are closing your complaint as of the date of this letter.  If you have any further questions, 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

cc:
 James R. Lothian, Director, Property Development, NJ Transit
 James J. Gigantino, Vice President and General Manager, Bus Operations, NJ Transit
 Brigid Hynes-Cherin, FTA Region II Administrator
 John Prince, FTA Region II Civil Rights Officer