|Public Transportation System in Compliance with Federal Law Cannot Be Forced to Provide Special Services for Certain Disabled Passengers|
Federal appeals court held that a public transit system, as required by the Americans with Disabilities Act, was in compliance with federal public transportation regulations regarding services for disabled passengers. As such, it could not be required to provide special services as requested by one disabled person who demanded special services beyond those provided.
|C A S E S U M M A R Y|
TriMet provides mass transportation services in the Portland, Oregon area. Under the Americans with Disabilities Act (ADA), it developed a plan for providing paratransit service (LIFT) for disabled riders unable to use its fixed route system of buses and light rail. The plan was approved by the Federal Transit Administration (FTA). Boose, who suffers from a balance disorder, is approved by TriMet to call on LIFT for her transportation needs. She requested that only sedans or taxis be sent, as riding buses caused her to suffer more nausea and emotional stress. TriMet refused. She sued, contending TriMet violated the ADA. The district court dismissed her suit. She appealed.
Affirmed. The Secretary of Transportation has sole authority under the ADA to regulate paratransit scheduling. Since TriMetís plan received Department of Transportation approval through the FTA, it was providing adequate services to disabled transit riders. Hence, Boose has no right to demand further services.
|Citation||Boose v. Tri-County Metropolitan Transportation District of Oregon, ---F.3d--- (2009 WL 4020731, 9th Cir., 2009)|
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