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Harris v. Mass. Bay Transp. Auth.
No. 02 cv 11504 MEL (D. Mass. filed, July 25, 2002) ; Clearinghouse Number: 55111
Description
Persons with Disabilities Sue Massachusetts Transportation Authority for ADA and Rehabilitation Act Violations
Abstract
Plaintiffs—persons who have disabilities and need to use
public transportation— brought a class action to stop
Massachusetts Bay Transportation Authority’s systematic
failure to provide them with basic and necessary transportation
services. Plaintiffs allege that, on a persistent and ongoing
basis, defendants discriminate against them because of their
disability by denying them equal access to public buses and trains
in violation of Title II of the Americans with Disabilities Act
(ADA) of 1990 and Section 504 of the Rehabilitation Act of 1973.
Plaintiffs contend that defendants have not made the fixed-route
public bus and train systems readily accessible to and usable by
persons with disabilities by, among other acts and omissions,
failing to maintain mechanical bus lifts, doors, and safety
equipment adequately; placing nonaccessible buses on purportedly
accessible bus lines; not maintaining elevators in train stations;
failing to give accurate and conspicuous information on whether
elevators are in service; failing to provide an adequate number of
designated wheelchair spaces on trains; not implementing a proper
emergency evacuation program; not offering prompt alternative
accessible transportation as needed; and failing to train and
supervise its employees adequately. They also contend that transit
authority employees do not allow persons with disabilities to board
buses; fail to give them adequate time to complete their boarding
or disembarking; and do not clearly make stop announcements.
Plaintiffs seek class certification, declaratory and injunctive
relief, and costs and attorney fees.
