HIGHLIGHTS OF THE
COURT DECISION

The following is a summary and explanation of the court's decision by Timothy M. Cook, the attorney who argued the case on behalf of ADAPT.

The court:

l. Struck down, as contrary to federal disability civil rights law, “local option,” the DOT policy that allows transit systems the option of providing transit to persons with disabilities only if we make advance reservations, sometimes several days in advance, and then only in segregated settings.

2. Required that every bus newly purchased with federal assistance must be accessible. No retrofitting is required; the ruling only applies to future purchases. The court said that because transit systems may phase in accessible buses, the ruling would not lead to any undue financial burdens for transit systems.

3. Required that transit systems provide both accessible mainline transportation for those who can use accessible buses, and adequate paratransit to serve those who cannot.

4. Struck down the 3 percent cost cap under which DOT deemed transit systems to be in compliance with federal disability civil rights laws once they spent 3 percent of their operating expenses on disability access.

As important as the holdings in the case are the language and rationale used by the court in reaching its conclusions. The 73-page, decision is laced with integration-oriented statements and phrases derived from the corpus of race and gender discrimination cases. Thus, the case sets forth a new charter for interpreting laws like Section 504, stating that Congress’ plain intent was to eliminate the segregation of persons with disabilities.

It’s good cause for celebrating. But neither too long nor too loudly, for the war is not yet won. We must press forward on two important fronts before that day comes:

l. First and foremost, DOT has 90 days from the date of this decision to decide whether to seek an appeal to the U.S. Supreme Court. This decision will be made by DOT and the Department of Justice, but the White House will also be involved. It is important that we mobilize quickly and inundate DOT, Justice, and the White House with letters from all of us, urging them to embrace the Court of Appeals Decision. Remind President Bush of his campaign promises to integrate persons with disabilities into all aspects of American life. Without access to public transit, as we all know, that is impossible. And just last week President Bush, in his speech to the joint session of Congress, reiterated his commitment to bring persons with disabilities into "the economic mainstream."

Letters should go to:

William Skinner
Secretary of Transportation
7th & Maryland Ave., SW
Washington; D.C.

Dick Thornburg
Attorney General
Dept. of Justice
9th & Penna. Ave. NW
Washington, D.C.

C. Boyden Gray
Counsel to the President
1600 Pennsylvania Ave.
Washington, D.C.

And, of course, to President Bush at the White House.

2. We must move forward in support of the Americans with Disabilities Act (ADA), using the court decision as additional impetus. The ADA, which will be reintroduced in the Congress soon, will require that all new buses and transit facilities be accessible. Urge your Senators and Congressperson to climb onto the bandwagon and be a co-sponsor of the ADA when it is reintroduced. If we can get the ADA enacted, there will be no need for any additional court fights.

Created on

Friday 12 July 2013

Posted on

Friday 11 September 2015

Tags

3% cap, ADA - Americans with Disabilities Act, appeal, Atty General Thornburgh, C Boyden Gray, campaign promise, civil rights, DOJ, DOT, DOT Secretary Skinner, highlights, integration, local option, paratransit, President George HW Bush, segregation, Tim Cook, wheelchair accessible buses, White House

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