MARTA TITLE VI/ADA COMPLAINT SUMMARY

Complainants filed an administrative charge of discrimination on behalf of their minority and disabled members and other similarly situated minority and disabled persons in Fulton and Dekalb Counties challenging (1) the MARTA's disparate treatment in its delivery of services to minority riders; (2) the decision of the Metropolitan Atlanta Rapid Transit Authority (MARTA) to raise its fares which will disproportionately burden poor, transit-dependent African Americans; and (3) the MARTA's disparate treatment in its delivery of services to its disabled riders. Click HERE to view the entire complaint.

Complainants allege that the MARTA, a federal fund recipient, is in violation of (1) the Title VI of the Civil Rights Act of 1964, 42 U.S.C. §2000d, and its implementing regulations codified by the U.S. Department of Transportation (the Department) at 49 C.F.R. Part 21; (2) the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C. §§12101-12213, and its implementing regulations codified by the Department at 49 CFR Parts 37 and 38; and (3) Section 504 of the Rehabilitation Act of 1973, as amended at 29 U.S.C. 794 (Section 504). Title VI provides that: "No person in the United States shall on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." DOT's Title VI implementing regulations prohibit both intentional racial discrimination and disparate impact racial discrimination.

Section 504 provides that no otherwise qualified individual with a disability in the United States, shall, solely by reason of her or his disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Title II, Subtitle B of the ADA extends the prohibition of discrimination on the basis of disability established by Section 504 to all activities of State and local government, including those that do not receive Federal financial assistance.

Allegation #1: Discrimination Based on Race/National Origin - Service Disparities

Complainants allege that the MARTA's service delivery to minority communities is not up to par with the services provided to white communities. A disproportionate number of the MARTA's overcrowded bus lines are located in minority communities, and minority communities do not receive a proportionate share of Compressed Natural Gas (CNG) buses and bus shelters. The MARTA rail stations located in minority neighborhoods are poorly maintained and fewer amenities are provided in comparison to those located in white communities. Additionally, inadequate security is provided at the MARTA rail stations serving minority riders. Also, Latino riders are not provided Spanish language translation services to permit participation in public meetings sponsored by the MARTA.

Relief Sought: Order the MARTA to correct the disparity in service delivery to minority communities, as required by the DOT's Title VI regulations - By dispatching CNG buses equally from the three bus depots; equipping all bus depots with CNG or other clean fuel buses and technology; distributing buses in a equitable manner to correct overcrowding disparities on minority lines; equalizing maintenance and amenities in minority rail stations with those serving white communities; immediately constructing more bus shelters on minority lines; equalizing maintenance and amenities of minority rail stations with those serving white communities; distributing security personnel in an equitable manner at MARTA rail stations; providing all MARTA publications in Spanish and English; providing public notices and announcements to Spanish language media; providing English-Spanish language translators at all MARTA meetings; providing adequate time for persons who speak in Spanish and utilize translators to address the MARTA Board; and by training MARTA drivers in rudimentary Spanish to assist Spanish-speaking customers.

Allegation #2: Discrimination Based on Race - Fare Increase

The MARTA made the decision to raise its fares and thereby disparately impact low-income and transit-dependent African Americans who make up 75% of its ridership, while committing $464 million in construction costs and $4 million per year in operating costs to two new train stations on the North line, which will benefit predominately white suburban communities. The recent MARTA fare increase follows a pattern of decision making that largely benefits affluent white suburban residents, while disproportionately and adversely affecting low-income, transit-dependent, minority, and urban core residents. On June 19, 2000 the Metropolitan Atlanta Rapid Transit Authority (MARTA) board approved a $307 million operating budget that raised its one-way cash fare from $1.50 to $1.75--a 16.7 percent increase. The weekly transit pass jumps from $12 to $13 (an 8.3 percent increase); monthly passes increase from $45 to $52.50 (a 16.7 percent increase); and half-price senior citizens fares from 75 cents to 85 cents (a 13.3 percent increase). The fare increase will have a negative, disproportionate, discriminatory effect on MARTA's largely minority, transit-dependent riders, and will cause irreparable harm.

Relief Sought: Cease and desist from implementing the fare increase and reduce fares to correct subsidization of white commuters by poor, transit-dependent African American riders; initiate an aggressive and comprehensive campaign to increase ridership; require that an equity impact analysis be completed before any new bus or rail lines come on line or service cuts take effect.

Allegation #3: Discrimination Based on Disability

Complainants allege that MARTA has denied them equal access to public buses, entitling them to relief under Title II of the ADA and Section 504 of the Rehabilitation Act. MARTA has failed to adhere to the provision of service requirements of the DOT ADA implementing regulations. Accessible features of buses have not been maintained and repaired promptly. Disabled individuals have not been accommodated in a timely manner and were disadvantaged due to inoperable or malfunctioning equipment. MARTA has allowed equipment with inoperable lifts to remain in service contrary to DOT ADA regulations, and alternate transportation has not been provided promptly to persons who require lift equipment, necessitating several hours wait for lift-equipped buses. MARTA has failed to provide comparable paratransit service. The disabled utilizing MARTA's paratransit service are subjected to long delays and excessively long trips before reaching their destination. Additionally, complainants allege that MARTA has failed to assure that its personnel is trained to proficiency to permit them to properly assist disabled patrons and to offer their services in a respectful and courteous way as required by the DOT ADA regulations

Relief Sought: Correct the disparity in service delivery to disabled riders, as required by the Department's ADA regulations and Section 504 by ordering MARTA to maintain in operative condition features of their facilities and vehicles that make them readily accessible and usable by individuals with disabilities; perform regular maintenance checks to assure that accessibility features are in working order and prompt repairs are made if accessibility features are damaged or out of order; provide accommodations to disabled individuals who would otherwise use the accessibility features if they were in proper working condition; establish a system of regular and frequent maintenance checks of lifts sufficient to determine if they are operative and have them repaired prior to returning the buses with malfunctioning or inoperable lift equipment to service; investigate the spare bus ratio and the condition of spare buses to assure reliable services during breakdowns of buses; provide prompt alternative transportation for persons with disabilities who require a lift if the headway between the next accessible vehicle is more than 30 minutes; provide sufficient numbers of benches and bus shelters in neighborhoods with high populations of disabled MARTA riders; provide paratransit services comparable to the level of service provided to individuals without disabilities who use the fixed route system by eliminating significantly untimely pickups and substantial numbers of trips with excessive trip lengths; provide proper signage for the visually impaired at MARTA rail stations; maintain and promptly repair elevators in MARTA rail stations; and assure that personnel are trained to proficiency allowing them to operate vehicles and equipment safely and to properly assist and treat individuals with disabilities who use the service in a respectful and courteous manner.