Reductions in Transit Service or Increases in Fares: Civil Rights, ADA, Regulatory, and Environmental Justice Implications (2011) / Chapter Skim
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. pay money damages to a private plaintiff under Title II."558 Thus, the court held that Metro Ride was not "liable for money damages under Title II of the ADA, even though it may be bound by ADA requirements."559 E
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As discussed below, when asked specifically about consideration of low-income populations or outreach to LEP persons, a much higher number of transit agencies reported having a policy of evaluating the effect of a reduction in service or an increase in fares on low-income populations and having implemented methods to communicate with and involve LEP persons with respect to such changes.
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C Limited-English-Proficiency Persons Fifty-three transit agencies responded that when reducing transit service and/or increasing fares they take steps to give notice to and otherwise involve LEP per
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Table 3. Transit Agencies That Involve LEP Persons When Reducing Service or Increasing Fares Transit Agencies That Involve LEP Persons 53 Transit Agencies That Do Not Involve LEP Persons 9 Transit Agencies Not Responding 2 Some of the agencies' responses were: • The agency has an "LEP plan in effect that calls for us to provide translation assistance and other assistance to individuals identified as LEP." • All prominent information is translated into Spanish, which makes up 29 percent of the non-Englishspeaking population in the area as obtained from school district and census data, and materials are translated into Asian languages even though the 5 percent threshold is not met in the community the agency services.
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The transit agencies' practices include some of the "promising practices" discussed in the USDOT LEP Policy Guidance, such as language banks, language support offices, the use of technology, telephone information lines and hot lines, and signage and other outreach.564 Transit agencies report using surveys or GIS mapping software to identify LEP communities; determining the languages spoken by the LEP persons in the area served; publishing notices, advertisements, brochures, and newsletters in the languages of the LEP persons; holding hearings in locations convenient to neighborhoods with affected LEP populations; and providing interpreters at meetings and hearings.
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Transit Agencies' Coordination with Government Agencies and Others When Reducing Service or Increasing Fares Transit Agencies That Coordinate with Government Agencies and Others 54 Transit Agencies That Do Not Coordinate with Government Agencies and Others 6 Transit Agencies Not Responding 4 One agency reported that many "[i] ssues have been resolved through one-on-one discussion between elected officials and our Director of Planning, Director of Business Development, Executive Director and Chairman" and that "extensive outreach to potentially affected partners is done including community partners [and]
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Transit Agencies' Resources When Reducing Service or Increasing Fares Transit Agencies That Have Specific Resources to Assist Them When Reducing Service or Increasing Fares 28 Transit Agencies That Do Not Have Specific Resources to Assist Them When Reducing Service or Increasing Fares 32 Transit Agencies Not Responding 4 Although some of the resources identified below overlap, the resources include: • The FTA, the tri-annual report to the FTA, and the FTA Civil Rights Officer. • GIS mapping of transit areas, on-board fare surveys, and reviews by the FTA District Office.
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Transit Agencies with a Policy of Reviewing Legal Issues When Reducing Service or Increasing Fares Transit Agencies That Have a Policy of Reviewing Legal Issues 40 Transit Agencies That Do Not Have a Policy of Reviewing Legal Issues 22 Transit Agencies Not Responding 2 Some of the responses were that the agency's "[s] trategic investments staff conducts detailed statistical analyses to determine the impact of proposed service or fare changes on minority communities for the purpose of determining whether or not mitigating action would be required," that the agency "reviews issues with the Assistant County Attorney responsible for transit," or that the agency's "legal staff specifically focused on regulatory and compliance issues." Some of the responses were more detailed and thus more indicative of what transit agencies consider to be best practices.
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