April 23, 2008

Re: FTA Complaint Number 07-0258

Dear [name withheld]:

This letter responds to your complaint against the 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 March 24, 2008, alleged that Pace does not send the correct type of paratransit vehicle to pick you up, as you require a lift, ramp, or a sedan as a result of your disability.

FTA investigated your allegation and sent an information request to Pace.  Pace sent us a letter informing us that their paratransit software scheduling program was recently updated to include a “mobility aids” feature in the client files which provides a category for ambulatory riders who require a ramp or a lift.  Pace indicated that they spoke with you on April 9, 2008 informing you that they have updated your file to designate your vehicle needs.  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 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

cc:
 T.J. Ross, P.E., Executive Director, Pace
 Melinda J. Metzger, Deputy Executive Director, Revenue Services, PACE
 Marisol Simon, FTA Region V Administrator
 Dwight Sinks, FTA Region V Civil Rights Officer