July 28, 2008

Re: FTA Complaint Number 07-0275

Dear [name withheld]:

This letter responds to your complaint against the against the Metropolitan Transit Authority (MTA) Long Island Bus 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.
 
Per your recent telephone correspondence with our office on July 21, 2008, we acknowledge that MTA Long Island Bus’ ADA complementary paratransit service, Able-Ride, is no longer denying you trips.  For this reason, we are closing the file.

The DOT ADA regulations at 49 C.F.R. §37.131(b) state, “The entity shall schedule and provide paratransit service to any ADA paratransit eligible person at any requested time on a particular day in response to a request for service made the previous day.  Reservations may be taken by reservation agents or by mechanical means.”

You have a right to next-day service from Able-Ride.  Able-Ride is correct that trips may be negotiated with the individual, but you should not be required to schedule a trip to begin more than one hour before or after your requested departure time.  If you experience trip denials in the future, please contact MTA at (718) 330-3322 or Able-Ride at (516) 228-4000 to file a complaint immediately.  Record the date and description of the request for your own records.  If a pattern of denials develops, please file a new complaint with our office.

If you have any further questions, please contact Sue Clark, at (202) 493-0511 or at her e-mail address: sue.clark@dot.gov.  Thank you for bringing your concerns to our attention.

Sincerely,

David W. Knight
ADA Team Leader
Office of Civil Rights

cc:
Brigid Hynes-Cherin, FTA Region II Administrator
John Prince, FTA Region II Civil Rights Officer