On March 30, 2010, the federal court in Jackson, Mississippi, entered a consent decree resolving a lawsuit filed against the City of Jackson and the Jackson Public Transportation System (JATRAN) in 2008 on behalf of individuals with disabilities. The Department had intervened in this class action lawsuit in 2009 alleging that the City had violated Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act by failing to provide a level of public transportation services to users with disabilities that is comparable to the services provided to other individuals. (See previous article in issue # 32.)

The comprehensive agreement affects both JATRAN’s fixed route bus service and its complementary paratransit service called Handilift. It requires that the City implement procedures for removing buses with inoperative lifts from service; provide alternative transportation whenever an inaccessible bus lift significantly delays transportation for a rider with a disability; ensure that no riders are stranded without transportation to their destination before shutting down operations for the day; design, fund, implement and operate Handilift service to satisfy all requests for next-day service; meet agreed upon performance standards for Handilift service; designate an ADA Coordinator in the City Department of Planning and Development; train all vehicle operators and mechanics on the ADA and the proper use and maintenance of lifts; train office staff, including managers, reservationists and dispatchers, on the ADA and the new procedures required by the consent decree; implement a rider complaint process; conduct public outreach about the availability of accessible transportation, including updating user manuals and JATRAN websites; obtain approval from the United States before implementing certain changes or revisions to services or policies; record and report data on compliance activities; fund an independent monitor to assess the city’s compliance; and provide free vouchers to any individual riders adversely affected by any failure to provide required services.

“Equal access to public transportation is a critical right that is guaranteed for people with disabilities, ensuring their ability to live independently in the community,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The department appreciates the city of Jackson’s cooperation in resolving this matter and their commitment to moving forward with full accessibility of it[s] transportation system.”

“The department’s intervention in this lawsuit will help to insure that Jackson residents with disabilities have greater access to employment, shopping, medical care, and other services which is possible only when public transportation is made more accessible,” said Don Burkhalter, U.S. Attorney for the Southern District of Mississippi.

Article provided by www.ada.gov.