ADA TRANSPORTATION: A RIGHT AND A RESPONSIBILITY
by Jesus Garcia
In our large urban cities, the single-occupancy vehicle continues to rule. But there are many people who want and need to use fixed-route mass transit systems to get around. Unfortunately, they often find that these systems do not exist, are very limited in coverage area, or run at infrequent intervals. For the disabled rider, such as myself, the problems are only compounded as the systems often lack accessible pedestrian paths to pick-up locations or are operated by drivers who refuse to provide the spoken information that blind riders need to access the systems.
The failure of urban and suburban transportation systems to meet the needs of many people who are disabled led policy makers to establish specific provisions regarding access to fixed-route transportation. In 1990, the Americans with Disabilities Act (ADA) required public transportation agencies to provide paratransit service to anyone who qualified as having a disability, under the criteria established by that provision.
But is the service, where available, really meeting our needs? Paratransit riders are always told that the service we obtain is equivalent to that which bus riders receive when they ride the bus. This may be true in places such as Washington, New York, Boston, and some older cities, but it is not the case in newer metropolitan areas where most citizens do not use buses. In these cities, paratransit should be compared to the transportation system as a whole and not to the fixed route system, which most citizens do not ride.
In January, a U.S. District Court ruled that paratransit riders have the same right to next day service as others using public transit. Philadelphia's public transit system "may not rely on its own inadequacies to justify its noncompliance with the ADA and the Rehabilitation Act," read the court's decision. This ruling goes a long way in helping to ensure that paratransit riders receive adequate services in Philadelphia, but there is much more progress to make nationwide. More jurisdictions have to come into full compliance, and everyone shares a responsibility in making that happen.
Paratransit riders and providers must fully understand their rights and responsibilities under ADA. The guidelines are too numerous to list, but here's a brief overview.
The Rules
Any local government that provides regular fixed-route bus service to a defined area must also provide comparable ADA paratransit service to certified riders within a defined 3/4 to 1.5 mile corridor of the bus service area. So, if you are traveling within three-fourths of a mile from a bus stop on both the pick-up trip and return trip and cannot use a fixed-route vehicle, then the transit authority must provide you with a paratransit trip.
Local transit administrations have their own paratransit rules and priorities, and paratransit systems can vary considerably in scope of service and individualized regulations from locality to locality. For example, in Miami-Dade County and Broward County, riders must make a reservation between 8 a.m. and 5 p.m. on the day preceding a desired trip. Both of these systems are door-to-door services so drivers meet riders at the main doors of their buildings. If riders wish to be picked up from large buildings like office complexes, paratransit drivers will meet them in their lobbies or other public areas. In our nation's capital, however, Metro Access patrons are guaranteed only curb-to-curb service, so riders must wait for vehicles at the curb. These systems can change over time, so riders should abreast themselves of these regulations.
(Additional rules and regulations apply, so check with your local transit authority).
Eligibility
Eligibility for paratransit service is based upon lack of access to a fixed-route vehicle. "Lack of access" means that a person cannot (a) board the fixed-route vehicle; (b) locate the bus or rail stop; (c) navigate to his/her final destination after exiting the vehicle; (d) obtain sufficient information to decide when and where to exit the vehicle in order to arrive at the final destination; or (e) mentally or physically negotiate the fixed-route system.
The rules that govern ADA transportation say that no trip limits can be imposed, and that no questions about the purpose of a trip may be asked. The paratransit provider, the reservations agent, or the local transit authority may not make determinations regarding the relative importance of trips. So, whether you are going to a medical appointment, or simply out to dinner, the purpose of the paratransit travel cannot be questioned. And one trip cannot be assigned a higher relative priority than another can't.
The Expectations
ADA paratransit is a transportation service; it is not an escort or an attendant care service. Riders should not expect ADA paratransit drivers to bring their groceries into their home, walk them to a doctor's office or pick them up from a restaurant table. These services do not fall within the job descriptions of paratransit drivers. Riders who need these kinds of services should travel with companions or personal care attendants.
Again, understanding and adhering to ADA guidelines is the responsibility of both paratransit riders and service providers. Any service provider found to be in violation of ADA guidelines should be reported immediately. If you identify a violation, file a complaint in the local jurisdiction where services are being violated.
Sometimes, however, you may encounter service problems that are not the fault of the provider. For instance, when a jurisdiction fails to spend enough money or provide the kind of monitoring and oversight to maintain adequate service, you will probably encounter inadequate service. Since the number of paratransit riders will never represent a substantial proportion of any community's population, advocates of mass transit riders must lobby their local politicians to increase funding. We must challenge them to review the correlation between level of funding and level of service. We must ask questions about funding in relation to inflation and the price of fuel. Ask them whether budgets are continually being reduced as the cost of the service increases.
We must remind our elected officials that the voting rolls contain not only the ADA transportation riders, but also their friends and family members who may resent all the times they have had to rescue paratransit clients whose rides never arrived.
Finally, we must get involved in the decision-making process. Most governments manage ADA paratransit services through the agencies that administer the transit services. These transit authorities usually sponsor ongoing meetings and citizens' advisory panels or oversight committees to monitor the contract process and to oversee the operation of their paratransit systems. We must appoint advocates to those committees and panels, and pressure transit management to negotiate favorable contracts that emphasize rider interests. The more involved we as riders become, the harder it will be to ignore us. It's our right and our responsibility.
Jesus Garcia, a paratransit rider, is Quality Assurance Manager and Corporate Sensitivity Trainer of LogistiCare, the nation's largest transportation management organization.
You can email Mr. Garcia at JesusG@logisticare.com | |