April 2, 2008

Re: FTA Complaint Number 08-0018

Dear [name withheld]:

This letter responds to your complaint against Access Services, Inc. (ASI) 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 August 28, 2007, alleged that on August 18, 2007, you experienced a poor ride with Access.  You describe a situation in which the driver ate while driving, did not know where she was going, stopped the van to chat with other drivers, treated you and other riders disrespectfully, and did not get you to your destination in a reasonable amount of time.

FTA investigated your allegations and sent an information request to ASI.  We received a response that addressed and provided relevant information on your allegations.

ASI admits that you experienced a very poor ride with them on August 18, 2007.  ASI also indicated that they apologized to you for this incident.  In addition, they investigated your complaint and, using GPS tracking data, were able to confirm many of the events that you described in your complaint.  As a result of your complaint, the driver was terminated and will not be allowed to return.

Although you clearly had an unpleasant experience, your complaint does not establish a pattern or practice on the part of ASI that significantly limits the availability of service to disabled persons.  Your complaint appears to have been appropriately addressed by ASI.  Therefore, after reviewing all of the submitted materials, the FTA Office of Civil Rights has not found ASI to be in violation of the DOT ADA regulations.  As the investigation phase of this process has been completed, 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.  While FTA’s decision in your case is administratively final, it does not prevent you from pursuing this matter privately in the appropriate court.  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:
 Shelly Verrinder, Executive Director, Access Services
 W. Joe King, Jr., Director Contract Services, Access Services
 Leslie T. Rogers, FTA Region IX Administrator
 Derrin Jourdan, FTA Region IX Civil Rights Officer