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Washoe Legal Services Information:
Paratransit Services: Your rights under the Americans with Disabilities Act (ADA)
- What is the ADA?
- What are paratransit services?
- When are paratransit services required?
- When must public agencies comply with the ADA paratransit requirements?
- Who must be provided paratransit?
- What areas must be sserved by paratransit?
- When must a transit agency respond to a request for service?
- How much can be charged for paratransit services?
- Can the agency restrict the purpose of the trip?
- How many hours or days of service must be offered?
- Can the agency restrict service?
- Are all bus routes required to be served by paratransit?
- How is eligibility for services determined?
- Are paratransit requirements for rapid and light rail the same as for bus service?
- How can I enforce my rights under the ADA for paratransit services?
- Paratransit links
What is the ADA?
The Americans with Disabilities Act (ADA) is a federal law forbidding discrimination against persons with disabilities passed by Congress and signed by President Bush on July 26,1990. It may be found at 42 U.S.C. 12101, et. seq. It is divided into five titles. Title 1 covers employment discrimination. Title II forbids discrimination in public services: including those offered by state and local government, public bus systems and public rail systems. Title III covers public accommodations offering goods or services to the general public, including transportation services provided by privately owned bus and rail companies. Title IV sets out the requirements for telecommunications relay services. Title V contains various miscellaneous provisions.Under all five titles a person with a disability may be either:
- A person with a physical or mental impairment that substantially limits one or more major life activities (examples: walking, seeing, hearing, speaking, breathing, working, etc.). The severity of the impairment is assessed without regard to medication or assistive devices (crutches, wheelchairs, hearing aids, etc.),
- A person with a record of a disability, or
- A person who is regarded as having a disability, i. e., someone with a less severe impairment who is treated by others as having an impairment which limits a major life activity.
Discrimination based on the current illegal use of drugs is not unlawful under the ADA. Health services, however, cannot exclude individuals currently engaged in the illegal use of drugs.
The ADA does not consider homosexuality and bisexuality to be disabling impairments. The term disability does not include what the ADA describes as sexual disorders (transvestism, transexualism, pedophilia, exhibitionism, etc.), nor does it include compulsive gambling, pyromania, or kleptomania.
This section covers the protections against discrimination in the provision of public bus and rail services contained in Title II of the ADA at 42 U.S.C. 12143. The title outlaws discrimination against individuals with disabilities who are unable to access fixed route bus and rail systems by requiring that public entities provide an alternative means of transportation called paratransit.
[Return to top] What are paratransit services?
Paratransit is an alternative mode of transportation for persons who cannot use regular, fixed route transportation systems like a bus line. Fixed route follows a prescribed route according to a schedule. Paratransit includes any special, flexible transit that is not a fixed route transit. Typically vans or mini-buses which can provide door-to-door service are utilized.[Return to top] When are paratransit services required?
Generally, it is discrimination under the ADA and Section 504 of the Rehabilitation Act of 1973 for a public funded entity (usually a regional or local transit authority or agency) which operates a fixed route system to fail to ensure that paratransit is provided to individuals with disabilities who cannot use the fixed route system.[Return to top] When must public agencies comply with the ADA paratransit requirements?
Public entities had to submit and began implementation of paratransit "service plans" by Jan. 26,1992, and update them annually. Each plan had to provide full compliance by no later than Jan. 26, 1997. The agency violates the ADA if it fails to submit a plan, the plan doesn't conform to the ADA or the plan isn't followed. The public must be allowed to participate in the preparation of each year's plan.Local and regional transit agencies submit their service plans to the U.S. Department of Transportation (DOT) for approval. If the agency can demonstrate to DOT that strict compliance with paratransit requirements would create an undue financial burden on the agency, DOT can grant waivers. These waivers can provide extra time for compliance or approve alternate ways to provide service. If your local transit agency does not appear to be complying with any of the requirements mentioned herein, check to see if DOT has granted a waiver.
[Return to top] Who must be provided paratransit?
Four categories of individuals are eligible for paratransit. They are:Category 1: Persons who cannot navigate the system including those unable [due to a physical or mental impairment (including vision)], to board, ride or disembark from an accessible vehicle without assistance.
Category 2: Disabled individuals who could use an accessible bus if one were available.
Category 3: Persons with "specific impairment-related conditions which preclude travel to a boarding location or from a disembarking location [including those whose conditions may interact with architectural or environmental barriers beyond the control of the transit agency (distance, terrain, weather)].
Category 4: At least one associate to travel with the disabled individual.
[Return to top] What areas must be served by paratransit?
Generally corridors extending 3/4 of a mile on each side of the fixed route must be served. Small geographical areas in "core" service areas which are surrounded by corridors are included. The service area may be widened up to 1-1/2 miles each side of the fixed route outside the core service area.[Return to top] When must a transit agency respond to a request for service?
The agency must provide a ride if it is requested on the previous day. The agency may not require an individual to schedule a trip more than one hour before or after the desired departure time. Reservations must be permitted up to 14 days in advance.[Return to top] How much can be charged for paratransit services?
Fares cannot exceed twice the full fixed route fare. Higher fares can be permitted for bulk trips guaranteed to social services agencies.[Return to top] Can the agency restrict the purpose of the trip? No.
[Return to top] How many hours or days of service must be offered?
The same as the fixed route service.[Return to top] Can the agency restrict service?
The agency cannot restrict the number of trips by an individual a nor impose a waiting list. The agency cannot engage in restrictive patterns of operation such as significantly untimely pickups, trip denials, missed trip, or trips with excessive lengths. If certain groups subscribe to the service subscriptions cannot absorb more than 50% of the trips available at a given time of day.[Return to top] Are all bus routes required to be served by paratransit?
No. Solely commuter bus systems are exempt. A commuter bus service is a fixed route bus service characterized by:
- service predominantly in one direction during peak periods with
- use of multi-ride tickets
- routes of extended length, usually between a central business district and outlying suburbs
[Return to top] How is eligibility for services determined?
All information regarding eligibility must be provided in accessible formats. The process may include a functional evaluation. Eligible applicants must be provided written documentation of their eligibility. If eligibility determinations are not completed within 21 days the applicant is deemed eligible. It is permissible to require re-certification from time to time.Visitors may use paratransit for 21 days per calendar year if they bring eligibility documents from another city or they can otherwise document their residence and disability.
Eligibility for services may be suspended for pattern of missing scheduled trips ("no shows"). An administrative appeals process must be provided for those whose denied eligibility or suspended.
[Return to top] Are paratransit requirements for rapid and light rail the same as for bus service?
Generally. There are some differences, however. For rapid or light rail:
- the service area is generally a circle with a 1.5 mile diameter around each station (three mile diameter at end stations and outlying areas),
- the transit agency must provide trips from any point in one circle to any point in another circle, and
- service must be provided to Category 2 persons who can use an accessible rail system but there is not yet one accessible car per train or key stations have not yet been made accessible.
[Return to top] How can I enforce my rights under the ADA for paratransit services?
Internal grievance procedure. All state and local governments with 50 or more employees must designate at least one employee to coordinate the government's effort to comply with the ADA. That employee must ensure that any complaints alleging failure to comply are investigated. Such governments must adopt and publish voluntary grievance procedures providing for the resolution of ADA complaints.Administrative complaints to the federal government. And individual may file an administrative complaint within 180 days after the incident of discrimination with either (a) the Federal Transit Administration or (b) the Department of Justice. After investigation the agency will attempt to informally resolve the complaint. If that effort is unsuccessful the agency will send a Letter of Findings to the local or state government. If voluntary compliance cannot be achieved, the case is referred to Department of Justice which has the power to file a lawsuit.
Private lawsuits. An individual may file a lawsuit at any time without filing an administrative complaint. The court may order the state or local government to comply with the ADA, award attorney fees and grant damages.
Alternative dispute resolution. If all parties agree the dispute may be resolved by mediation or arbitration.
Legal advice or representation may be very helpful in achieving compliance with paratransit requirements by public entities. If you cannot afford an attorney, you may contact:
Washoe Legal Services, Inc.
650 Tahoe Street
Reno, Nevada 89509
(775) 329-2727
FAX: (775) 324-5509[Return to top] ADA Paratransit Links
The following web sites may provide additional information of assistance regarding the paratransit provisions of the ADA:U.S. Department of Justice
http://www.usdoj.gov/crt/ada/adahom1.htmFederal Transit Administration
http://www.fta.dot.gov[Return to top]
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