April 21, 2008

Re: FTA Complaint Number 07-0260

Dear [name withheld]:

This letter responds to your complaint against the New Jersey Transit Access Link (Access) 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.

Your complaint of May 29, 2007, references a paratransit suspension that you received as a result of multiple no-shows.  The DOT ADA regulations address paratransit suspensions at 49 CFR § 37.125(h):

The entity may establish an administrative process to suspend, for a reasonable period of time, the provision of complementary paratransit service to ADA eligible individuals who establish a pattern or practice of missing scheduled trips. Trips missed by the individual for reasons beyond his or her control (including, but not limited to, trips which are missed due to operator error) shall not be a basis for determining that such a pattern or practice exists.

Currently, your complaint does not provide enough specific information to warrant an investigation.  You mention several instances of your trips being recorded as no-shows, but you but do not provide specifics.  Therefore, we will need further information if you wish to continue with this complaint, including dates and times of the trips that you believe were incorrectly recorded as no shows.

If you still believe, after reviewing the regulations above, that you should not have been suspended from paratransit and wish to continue with this complaint, please send the specific information requested to the address above, to the attention of Stephanie Sharer.  If you have any questions, please contact Stephanie Sharer, at (202) 366-0272 or at her e-mail address:  stephanie.sharer@dot.gov.  If we do not hear from you within 15 days of this letter, we will close your complaint.  Thank you for bringing your concerns to our attention.

Sincerely,

David W. Knight
ADA Team Leader
Office of Civil Rights