|
METRO SUED FOR PROVIDING UNLAWFULLY INADEQUATE
TRANSPORTATION SERVICE TO PEOPLE WITH DISABILITIES
Washington, D.C. Today, riders of MetroAccess—Metro’s curb-to-curb service for people with disabilities—filed
a major class action lawsuit in the U.S. District Court
for the District of Columbia, charging that the service is so substandard that it illegally discriminates
against people with disabilities. MetroAccess riders
are forced to waste countless hours waiting for rides
that are late or never show up at all. Many of the
rides that do come on time take riders on circuitous
routes, adding hours to what should be short trips.
MetroAccess riders bear the costs of missed medical
appointments, costly last-minute taxi rides and docked
pay resulting from tardiness at work. Because they
must build in extra time for every MetroAccess trip
due to unreliable service, riders are deprived of the
ability to schedule their everyday lives in the way
non-disabled people take for granted. Metro exacerbates
its poor service by treating its riders with disdain
and disrespect when scheduling trips and reporting trip
status.
The suit alleges
that Metro’s paratransit system violates Title II of
the Americans with Disabilities Act (ADA) as well as
Section 504 of the Rehabilitation Act, which requires
Metro to provide comparable transportation services
to people who cannot use the regular fixed route system
as a condition of federal financial support for the
regular system.
The Disability Rights
Council of Greater Washington—a membership organization
that advocates for the rights of people with disabilities—joined
the twelve individual plaintiffs in filing this action.
"Probably more than
anyone else, people with disabilities need reliable,
accessible transportation in order to lead a productive
and independent life," says Marc Fiedler, chair
of the DRC's board. "MetroAccess's undependability
constitutes a huge obstacle to fully integrating people
with disabilities into our society. Having an accessible
workplace doesn't much matter if you can't hold a job
because MetroAccess doesn't get you to work on time."
The complaint seeks
an injunction requiring MetroAccess to develop and adhere
to a plan to remediate the problems plaguing its service,
and court supervision of this plan.
The twelve individual
plaintiffs are from the District of Columbia, Maryland and Virginia, and because of
visual or mobility impairments cannot use the Metro
fixed route system. The plaintiffs understand that
MetroAccess operates a shared ride system, and differs
in many ways from the fixed route transportation Metro
provides. However, that should not mean that MetroAccess
riders must accept a system that makes their schedules
wildly unpredictable and adds further limitations to
their lives. The complaint asserts that the plaintiffs
deserve comparable service. Moreover, plaintiffs allege
that the service imposes serious risks on its riders.
Plaintiff Dorothy Crawford’s medical condition is exacerbated
by exposure to extreme temperatures, but MetroAccess
forces her to wait outside in inclement weather for
long periods because dispatch fails to notify her when
rides are late. “My health depends on getting accurate status
reports, but MetroAccess doesn’t seem to care.” Plaintiff
Marsha Johnson notes, “I get very nervous waiting for
rides when it is dark out and I’m all alone waiting
on the street corner. Who knows when or if my ride
is going to show up? I don’t need that anxiety in my
life.”
Plaintiffs
are represented by Elaine Gardner of the Washington
Lawyers’ Committee for Civil Rights and Urban Affairs
and Thomas Brunner, Todd Bromberg, Melissa Reed, and
Alysa Wakin of the law firm of Wiley Rein & Fielding
LLP. Wiley Rein & Fielding is a Washington, D.C. law firm that prides itself on its strong commitment to pro bono representation and service
to the local community.
#
# #
|
