MBTA press release on disability settlement
Karen Okland Wepsic
disability settlement. It goes into it in a little more detail than
was presented in the press.
T And People With Disabilities Reach Agreement
Release Date: 4/4/2006 E-Mail: jpes...@mbta.com
The Massachusetts Bay Transportation Authority and organizations
representing people with disabilities have reached a settlement in a
class action lawsuit brought over accessibility problems that denied
people with disabilities equal access to the public transportation
system, both sides announced today. Under the agreement, the T will
undertake major improvements in equipment, facilities and services that
promise to enhance accessibility for people with disabilities while
improving service for all T passengers. Both sides hailed the
settlement as the beginning of a new relationship between the T and
people with disabilities.
The agreement, which was unanimously approved by the MBTA Board of
Directors, settles a class action, Joanne Daniels-Finegold, et al. v.
Massachusetts Bay Transportation Authority, filed in 2002 by Greater
Boston Legal Services (GBLS) under the Americans with Disabilities Act.
Eleven individual plaintiffs and the Boston Center for Independent
Living (BCIL) cited a number of problems that make it difficult for
people who are blind, deaf or have mobility disabilities from using
MBTA subways and buses. The complaint alleged that the MBTA had failed
to maintain bus lifts, station elevators and other accessibility
equipment in good operating condition, maintain subway stations and
subway train platforms in safe and accessible condition, and ensure
that bus and train operators provided proper service to passengers with
disabilities.
In a joint effort, BCIL, GBLS, and the MBTA used research on key
matters, including undercover monitoring of buses, filming of Green
Line trains, computer analyses of elevator maintenance records, and
elevator inspections by outside experts. MBTA General Manager Dan
Grabauskas directed his staff to work with the plaintiffs to reach an
agreement. Negotiations began last July and concluded last week. A
public hearing on the settlement will be held June 15th before U.S.
District Judge Morris E. Lasker.
Under the settlement, no damages will be paid to individual plaintiffs.
Instead, approximately $310 million in funds will be programmed into
the T's Capital Investment Program to improve services and
infrastructure. Under key terms of the settlement, the MBTA has agreed
to:
· Invest $122 million in elevators and escalators over the next five
years to ensure continuous elevator service during all passenger
service hours.
· Improve bus services by requiring bus drivers to treat passengers
who have disabilities with courtesy, use lifts and ramps properly, pull
to the curb at stops, make stop announcements, and follow all rules
concerning accessible services.
· Improve bus maintenance to ensure that ramps and other devices
work properly.
· Buy nearly 400 new low-floor buses, which provide for the easiest
boarding.
· Close platform gaps between subway cars and platforms, which
present serious safety hazards, especially to passengers using
wheelchairs.
· Replace mobile wheelchair lifts that are the most dangerous and
difficult to use with "mini-high" platforms and ramps, and speed up
the introduction of low-floor cars on all branches of the Green Line.
· Install new PA systems and electronic message boards to provide
all passengers with reliable, up-to-date information.
· Improve training and customer assistance involving people with
disabilities.
· Appoint an assistant general manager with responsibility for
making bus and subway services accessible.
· Monitor compliance through a court-appointed monitor and continued
undercover monitoring of bus services.
"This agreement is the product of a good faith discussion focused on
improving
service for people with disabilities, specifically, and all passengers,
generally," said Transportation Secretary John Cogliano, who serves
as chairman of the MBTA Board of Directors. "Starting today, the T
will take a series of important steps to achieve that goal to the
benefit of everyone."
"These changes will make the T more accessible to a wider range of
people, and improve overall service for customers," said Grabauskas.
"My staff has worked extraordinarily hard to identify improvements
that will lead to more efficient service and a better experience for
all T passengers. It's my strong belief that the MBTA will be a
model for the country in ensuring equal access to public transportation
for people of all abilities."
Plaintiffs hailed the settlement as the beginning of a new era of
independence for people with disabilities who rely on public
transportation. They also noted that continued cooperation between the
two sides - as well as the support of the public - will be
necessary to enact the changes envisioned in the settlement.
"We see this settlement as the start of a new relationship between
everyone who works for the T and those people with disabilities who
depend on it," said Bill Henning, Executive Director of the Boston
Center for Independent Living. Henning cited three immediate
priorities for implementing the agreement: improving the knowledge of
T staff about the needs of disabled passengers, fixing broken
elevators, and informing the general public about barriers facing
people with disabilities on the T and the efforts being made to address
them.
The lead attorney for the plaintiffs said the process of reaching the
settlement has already changed attitudes at the T.
"We have a lot of work ahead of us, but one thing has changed
already," said Dan Manning, an attorney with Greater Boston Legal
Services. "Before this case, people with disabilities were virtually
invisible at the T. Now, they have a voice."
Plaintiffs named in the class action heralded the settlement as
ushering in a new era of accessibility. They hoped the agreement would
encourage more people with disabilities to use public transportation.
"I hope that the settlement will encourage physically challenged people
to use the T rather than stay at home or accept limited choices,"
said Joanne Daniels-Finegold, the lead named plaintiff. "The changes
this brings will benefit the general public, not just the disabled
community."
"This settlement means I will finally have the freedom to come and
go, where I want and when I want," said Rob Park, who commutes to
work on the subway and has found himself stranded by broken elevators.
"I'm looking forward to new buses, new trains and elevators that
actually work. I look forward to the day when everyone truly has equal
access to the T."
Other plaintiffs named in the case were Rogera Robinson, Gene Smith,
Reginald Clark, Madelyn Joan Golden, Myrnairis Cepeda, Maureen Cancemi,
Andrew Forman, Danford Larkin and Thomas Gilbert.
The Boston Center for Independent Living provides services, community
education, advocacy and employment for individuals with disabilities
(www.bostoncil.org). Greater Boston Legal Services provides free legal
services to low-income people and nonprofit organizations
(www.gbls.org).
# # #
Karen Wepsic
John F. Carr
> Release Date: 4/4/2006 E-Mail: jpes...@mbta.com
>
>The Massachusetts Bay Transportation Authority and organizations
>representing people with disabilities have reached a settlement in a
>class action lawsuit brought over accessibility problems that denied
>people with disabilities equal access to the public transportation
>system, both sides announced today.
Is this a mandatory class action? A mandatory class action
settles the entire issue for all potential plaintiffs; nobody
else can bring similar claims. An ordinary class action only
binds the parties; others may bring similar lawsuits.
--
John Carr (j...@mit.edu)
Philip Busch
Are the current construction projects at Kenmore and Arlington Stations
all part of this settlement? If so, then Boylston should really be
upgraded (if not completely rebuilt) once and for all.
After 109 years, the station is long, long overdue for a complete
makeover, IMHO.
-Phil
Karen Okland Wepsic
I think Boylston Station is an historic landmark and it can't be
changed without a big process.
Karen Wepsic
Access Systems
> Philip Busch wrote:
>> Karen Okland Wepsic wrote:
>> > The following is the full text of the press release by the MBTA on the
>> > disability settlement. It goes into it in a little more detail than
>> > was presented in the press.
>> > T And People With Disabilities Reach Agreement
>> > Release Date: 4/4/2006 E-Mail: jpes...@mbta.com
>> >
>> > class action lawsuit brought over accessibility problems that denied
>> > people with disabilities equal access to the public transportation
>> > system, both sides announced today. Under the agreement, the T will
>> > undertake major improvements in equipment, facilities and services that
>> > promise to enhance accessibility for people with disabilities while
snip snip snip
>>
>> Are the current construction projects at Kenmore and Arlington Stations
>> all part of this settlement? If so, then Boylston should really be
>> upgraded (if not completely rebuilt) once and for all.
>>
>> After 109 years, the station is long, long overdue for a complete
>> makeover, IMHO.
>> -Phil
> I think Boylston Station is an historic landmark and it can't be
> changed without a big process.
> Karen Wepsic
not a large process, access to historic landmarks and structures is
required and the process is spelled out it ADA and ADAAG (ADAAG.4.1.7)
it is done fairly quickly, depending on the structure and it's use ADA
can overule historic preservation. there are some alternatives such as a
non public accessible entrance (not normally allowed) that can be allowed
for historic structures where the entrances IS an integral part of the
historic fabric of the structure and there is no way to make that entrance
accessible. Since the primary purpose of the structure is a
"station" then use of the station for it's intended use takes precedence.
it should not add any amount of time to properly design an accessible
historic structure within the normal design time frame.
Bob
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D. Kirkpatrick
"Philip Busch" <phili...@msn.com> wrote:
> Are the current construction projects at Kenmore and Arlington Stations
> all part of this settlement? If so, then Boylston should really be
> upgraded (if not completely rebuilt) once and for all.
>
> After 109 years, the station is long, long overdue for a complete
> makeover, IMHO.
May wait until Silverline is attached.
Caboter
Karen Okland Wepsic wrote:
> Improve bus services by requiring bus drivers to........ pull
> to the curb at stops.... .
If the MBTA, local police departments along with TPD and local
transportation departments (mainly BTD) would keep bus stops clear
there would be no need for a bus not to be able to pull to the curb. I
have seen on many occasions that BTD/TPD/BPD are parked in a bus stop
while going into the store or something else that they don't have a
real reason to park in a bus stop (i can find my pictures to prove
this). I know that people in this group will say that bus drivers don't
care and wouldn't pull in any ways, well some drivers are like the but
the majority do pull in when then can. A lot of the drivers who don't
pull in don't because even with the use of a directional cars passing
the bus will NOT let them out.
-Caboter
Rozzie
(in article <1144185445.7...@u72g2000cwu.googlegroups.com>):
> · Install new PA systems and electronic message boards to provide
> all passengers with reliable, up-to-date information.
Is this their answer to everything? Now we have a brand new electronic
message board on the Red Line at South Station, which gives us the T's
favorite reliable and up-to-date information: "No smoking please. For
schedule information see www.mbta.com." At least it is better than
"Rebooting."
Tonight I was strolling through Downtown Crossing on the Orange Line
and I noticed remnants of 3 or 4 previous electronic message systems.
Remember the closed circuit TVs? The message boards between the
tracks? The overhead scrolling messages? They are all gone now,
except for yards of rolled up cables hanging from various places on the
walls.
Montreal has a great new message system being installed in the Metro.
Wide screen projection TVs show news headlines and clips, ads, and
system messages, while the top portion of the screen continuously tells
you how many minutes until the next train arrives, AND the train after
that.
(And yet, the grass is always greener...while I was there recently, I
saw a story in the Montreal Gazette about how transit officials are
frustrated with the performance of the rubber-tired subway, and wishing
they had gone with steel wheels instead. Illustrating the idea was a
picture of a Forest Hills bound Orange Line train on the T.)
Pete from Boston
Even around twenty years ago I remember riding the PATH from Hoboken to
NY and there were already "Commutervision" screens, or whatever they
were called. These were kiosks with a TV displaying news and weather
and what have you, with screens changing every 30 seconds or so.
Service advisiories were easily slipped in there, as were schedule
information and changes (the PATH runs overnight on a modified
route/frequency system).
Given 1. how cheap and abundant flat-screen monitors have become, and
2. the number of media companies out there that could throw together a
system like this (and would kill to develop the ad revenue), it's
almost unthinkable that it hasn't been installed. It would probably not
cost the T anything in the long run.
Instead, we get the LED words of Joseph Carter telling us, "At the
MBTA, you're a valued customer and a critical observer of people,
places, and things." They could have saved a lot of money just taping
up hand-written signs that say "Sit tight -- train's coming soon."
Kurt Hackenberg
>...story in the Montreal Gazette about how transit officials are
>frustrated with the performance of the rubber-tired subway, and
>wishing they had gone with steel wheels instead.
What's the problem?
Rozzie
(in article <e13qcl$lhb$1...@pcls4.std.com>):
I think it's that the rubber tires wear out quickly and are more
expensive in the long run to replace and maintain.
John Mara
The rubber tired system can't be used outdoors in Montreal's climate.
The current system is entirely underground. Suburban extensions of the
Metro would be too expensive.
John Mara
Ron Newman
John Mara <john...@nyc.rr.com> wrote:
> The rubber tired system can't be used outdoors in Montreal's climate.
> The current system is entirely underground.
How do they get equipment in and out of their system?
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> route/frequency system).
> Given 1. how cheap and abundant flat-screen monitors have become, and
> 2. the number of media companies out there that could throw together a
> system like this (and would kill to develop the ad revenue), it's
> almost unthinkable that it hasn't been installed. It would probably not
> cost the T anything in the long run.
Something to keep in mind is that LCD flat panels don't work well in low
temperatures.
--
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Herb Oxley
From: address IS Valid.