PROPOSED Resolution 2024 14 - Making ADA Paratransit More Equitable

Resolution 2024 14 - Making ADA Paratransit More Equitable

Submitted by the California Council of the Blind and Others

Whereas, Title II of the Americans with Disabilities Act (ADA) requires state and local governments which operate fixed-route public transit services (hereafter “transit agencies”) to provide “complimentary paratransit” for individuals who are unable, because of a disability, to independently use fixed-route transit services; and

Whereas, the U.S. Department of Transportation (DOT) requires that paratransit services meet specific minimum Regulatory criteria (49 C.F.R. Part 37), including: service area, days and hours of service, reservations requirements, trip limits and priorities, and allowable fares; and

Whereas, as a result of the federal ADA regulations adopted pursuant to the limited core goal of ADA paratransit, these services are, more often than not, expensive, unreliable, and fail to enable people with disabilities to get where they need to go when they need to get there; and

Whereas, the ADA also expressly permits transit agencies to provide additional services or a greater level of service than is required by the ADA’s paratransit minimum mandate; and

Whereas, many people with disabilities, including people who are blind or have low vision, depend on paratransit services for access to education, employment, healthcare, shopping, worship, visits with family and friends, and other activities; and

Whereas, transit agencies unfortunately are currently permitted by regulations to require paratransit riders to book trips a day in advance, negotiate pick-up times by up to an hour before or after the time they need or wish to travel, wait for extended periods of time in order to receive trip confirmation, travel for extended periods of time (which can sometimes exceed several hours), and pay up to twice as much as the same trip would cost on the transit agency’s fixed-route transit network; and

Whereas, these unfortunate and unnecessary characteristics of paratransit often harm riders with disabilities by causing them to spend more time and money on transportation than other transit riders, arrive late to work and appointments, which has sometimes cost paratransit riders their jobs and/or access to healthcare appointments, educational and training opportunities, and otherwise seriously undermine the ADA’s promise to “assure equality of opportunity, full participation, independent living, and economic self-sufficiency ...” for individuals with disabilities; and

Whereas, when judged by today’s standards, many of the policies set forth in current paratransit regulations, are objectively unequal to the level of service that transit agencies provide for people without disabilities and are, therefore, inequitable; and

Whereas, a growing number of transit agencies are taking steps to make their ADA paratransit services more equitable by aligning paratransit fares with fixed-route transit fares, by implementing same day paratransit for at least some trips, and by updating policies, practices, and service models based on the growing power of an array of transit-related technologies, including accessible mobile apps, real-time vehicle tracking, and rideshare services;

Now, therefore, be it resolved by the American Council of the blind in convention assembled virtually, that this organization affirm its belief that the time has come to address the inequities that are embedded within the current ADA regulations set forth in 49 CFR Part 37 and to begin the process of making a paradigm shift such that the purpose of paratransit service will be to allow persons with disabilities to get where they need to go when they need to get there; and

Be it further resolved that this organization direct ACB’s leadership to call upon and join with other organizations of and for people with disabilities to develop proposed national standards for paratransit service to provide for just, equitable timely and efficient service for riders with disabilities and to collectively advocate for their adoption by the U.S. DOT; and

Be it further resolved that, if the ACB Board of Directors concludes that circumstances justify ACB advocating primarily or solely on its own, the Board shall consider other advocacy options to carry out this resolution; and

Be it further resolved that the Executive Director and/or President provide a report at the next annual ACB Conference and Convention regarding progress on this resolution.

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