Denial of Transit Service Due to Rider Conduct:

Civil Rights Considerations

CalACT Spring ConferenceYosemite, CA

April 2015

Dawn SweetProgram Manager,

Complaints & CommunicationsOffice of Civil Rights

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Topics Covered

General requirements for service denials

FTA’s oversight experience

Recommended local practices

Civil Rights Connection

• Consider the possible civil rights connection when denying service

• Access to transit is a civil right– Title VI and ADA

• ADA implications most common– Some disabilities affect

behavior– ADA regulations

specifically cover service denial thresholds

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Why Is this Issue So Challenging?

• Behavior issues can be subjective

• Difficult to capture every possible scenario in a written policy– Due process may vary

depending on severity of offense

• Difficult to assess the behavior – Disability related? – Threatening?

• ADA regulations are not prescriptive

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4 Service Denial Thresholds

• Agencies may refuse service to people with disabilities who:– Are violent– Are seriously disruptive– Engage in illegal conduct and/or– Pose a “direct threat” to the health or safety of others*

• *Direct threat” added to sec. 37.5(h) with reasonable modification rulemaking; was in sec. 37.3 only

• Overlap common – consider as a unit

See 49 CFR 37.5(h), 37.3, Appendix D

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Thresholds Defined

• High bars• “Seriously disruptive”: Behavior needs to be more

than offensive• “Direct threat”: A significant risk to health or safety of

others– Not based on speculation– Individualized assessment needed

See 49 CFR 37.5(h), 37.3, Appendix D

FTA Complaints

What we’re seeing

• Indefinite suspensions– Rider thinks the

suspension is permanent; doesn’t know how to resume service

• No complaint or appeal process for the rider

• Permanent bans• No warning / ad hoc

suspensions for minor issues– Agency lacks policies /

process

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3 Actions FTA Wants Locally

• Document the incident(s) in writing – For internal purposes and to inform the rider of expectations– Give warnings to rider when possible

• Link clearly to ADA thresholds– Seriously disruptive (e.g., taking vehicle out of service)– Illegal (e.g., police involvement, restraining order)– Direct threat (e.g., CDC / medical support)

• Provide due process– Ensure riders understand terms of suspension and know what

to do to subsequently present information to have service reinstated• Reasonable timeframe for “appeal” opportunity• No permanent suspensions but assumes the person can

demonstrate the issue has been resolved or can present options to mitigate any problems

Parting Thoughts

• Think about potential civil rights connection

• Create a paper trail• Provide rider due

process• Consider adopting

written policy– Sets rider expectations– Avoids ad hoc denials

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Federal Transit Administrationwww.fta.dot.gov

Contact Us Tool on FTA Website

dawn.sweet@dot.gov(202) 366-0529