METRO SUED FOR PROVIDING UNLAWFULLY INADEQUATE TRANSPORTATION SERVICE TO PEOPLE WITH DISABILITIES

From: Washington Lawyers' Committee - Mar 25, 2004

FOR IMMEDIATE RELEASE
March 25, 2004

CONTACT: Elaine Gardner (202)319-1000 ext. 131

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.

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Disability Rights Council v. Metro

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