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City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT

Posted by Gold_12th on Sat Dec 20 14:49:50 2014

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Handicapped New Yorkers with limited English skills are being shut out of the city’s Access-A-Ride system, a new class action lawsuit charges.

People who can’t speak English are unjustly required to bring their own interpreter to crucial interviews for the subsidized transportation system for the disabled, documents filed in Manhattan Federal Court claim.

“Individuals who have arrived at their Access-A-Ride eligibility interviews without an interpreter have been turned away and instructed to return only if they bring someone to interpret for them,” court papers read.

Some 340,000 New Yorkers are affected by the policy, according to the suit that names the operator of the service, NYC Transit.

The suit seeks a more accommodating policy for non-English speakers. An MTA spokesman said that was already in the works, and that interpreters will be available starting Jan. 20.

http://www.nydailynews.com/new-york/access-a-ride-system-shuts-non-english-speaking-suit-article-1.2049723

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(301216)

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Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT

Posted by italianstallion on Sat Dec 20 16:21:48 2014, in response to City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT, posted by Gold_12th on Sat Dec 20 14:49:50 2014.

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The real problem is that the Access-a-Ride service sucks.

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(301222)

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Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT

Posted by BusRider on Sat Dec 20 18:40:41 2014, in response to Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT, posted by italianstallion on Sat Dec 20 16:21:48 2014.

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How does this service work, is it part of the MTA NYCT, Do they have their own garages?

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(301224)

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Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT

Posted by northshore on Sat Dec 20 18:49:46 2014, in response to Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT, posted by BusRider on Sat Dec 20 18:40:41 2014.

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NYC Access-A-Ride is administered by the MTA NYCT Dept. of Buses. Services are provided by private contractors (many school bus operators) with their own garages. Vehicles are supplied by MTA (formally and currently Ford minibuses and Crown Victorias; now by AMC MV-1's and Toyota Camrys).

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(301242)

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Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT

Posted by italianstallion on Sun Dec 21 00:06:47 2014, in response to Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT, posted by northshore on Sat Dec 20 18:49:46 2014.

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They rarely show up on time, they take circuitous routes to the destination, they rarely help their mainly old or disabled customers in and out of their vehicles. Just a total mess.

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(301315)

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Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT

Posted by N6 Limited on Mon Dec 22 13:54:48 2014, in response to City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT, posted by Gold_12th on Sat Dec 20 14:49:50 2014.

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Um, when are they going to make English the official language of the US? If we go to any non-English speaking country they are not going to go out of their way to accommodate us. (excluding tourist traps)

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(301318)

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Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT

Posted by BusRider on Mon Dec 22 14:25:37 2014, in response to Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT, posted by N6 Limited on Mon Dec 22 13:54:48 2014.

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If its separate companies how are routes created or are passengers assigned to specific companies assigned by the MTA.

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(301320)

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Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT

Posted by northshore on Mon Dec 22 15:45:32 2014, in response to Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT, posted by BusRider on Mon Dec 22 14:25:37 2014.

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MTA has a toll free call-in center to make reservations. It is then fed into a computer to schedule trips.

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(301321)

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Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT

Posted by northshore on Mon Dec 22 15:50:10 2014, in response to Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT, posted by italianstallion on Sun Dec 21 00:06:47 2014.

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Access-A-Ride drivers have and use GPS in the vehicles. Drivers always help passengers in and out of vehicles including packages.

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(301332)

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Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT

Posted by NIMBYkiller on Mon Dec 22 19:08:45 2014, in response to City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT, posted by Gold_12th on Sat Dec 20 14:49:50 2014.

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Sorry, this is America. Even if it's not our official language, it's what we speak here. Speak whatever language you want at home, in your neighborhood, or amongst your peers, but when it comes down to official business, you need to learn English. Making this a discrimination lawsuit is arrogant and frivolous and I hope it gets thrown out, quick.

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(301343)

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Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT

Posted by The Silence on Tue Dec 23 01:14:15 2014, in response to Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT, posted by BusRider on Mon Dec 22 14:25:37 2014.

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Some days it has more in common with a livery cab service than a transit network.

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(301350)

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Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT

Posted by italianstallion on Tue Dec 23 13:03:22 2014, in response to Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT, posted by northshore on Mon Dec 22 15:50:10 2014.

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FALSE. My 96-year-old mom uses it regularly. She is always left to get in and out on her own, even though she is clearly old and has a hard time walking.

At times, she has been left waiting up to 90 minutes on a windy street corner for a pickup.

And the GPS can't substitute for street smarts. She knows her way around Astoria and suggests the fastest route. They aways ignore her and use GPS, which, for instance, means they insist on driving down Steinway St. to get to the Queensboro Bridge. That is the most congested street in Queens.

They also get totally confused by unusual addresses, like Fort Totten or certain buildings within JFK Airport. They truly suck.

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(301351)

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Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT

Posted by N6 Limited on Tue Dec 23 13:55:34 2014, in response to Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT, posted by NIMBYkiller on Mon Dec 22 19:08:45 2014.

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IAWTP

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(301354)

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Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT

Posted by northshore on Tue Dec 23 14:31:54 2014, in response to Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT, posted by italianstallion on Tue Dec 23 13:03:22 2014.

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Sorry to hear your mom has problems with Access-A-Ride. But I congratulate her for getting around at 96!

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(301355)

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Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT

Posted by italianstallion on Tue Dec 23 14:39:34 2014, in response to Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT, posted by northshore on Tue Dec 23 14:31:54 2014.

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Thanks!

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(301361)

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Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT

Posted by BusMgr on Tue Dec 23 19:13:20 2014, in response to Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT, posted by NIMBYkiller on Mon Dec 22 19:08:45 2014.

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The issue of the language in federally-funded programs, such as public transportation, is one that goes back to a decision of the U.S. Supreme Court some 40 years ago. In Lau v. Nichols, 414 U.S. 563 (1974), Chinese school children in San Francisco were being taught in English, just like everyone else, even though the children did not understand English and were getting no benefit from the federally-funded education program. The Court held that the education program violated Title VI of the Civil Rights Act of 1964 by discriminating on the basis of national origin (that is, language being so closely tied with national origin that language discrimination is national origin discrimination). Subsequent judicial decisions and executive orders have strengthened the protections afforded to people with limited English proficiency.

I see two routes out of this situation which could lead to the abandonment of these language requirements. First, Congress could amend Title VI to permit federally-funded programs to discriminate against persons based on their national origins (though it is questionable whether such legislation would be unconstitutional as being contrary to the fifth and fourteenth amendments). Second, case law connecting language to national origin could be overturned. This second prong seems more promising, since it can be argued that anyone can become proficient in English, regardless of their national origin. That is, unlike other protected categories, such as race or sex (or even, arguably, religion), language is not immutable, and anyone can become proficient in English.

Nonetheless, all of this is beyond the immediate reach of the New York City Transit Authority; it is a much greater issue. What faces the NYCTA now is the application of Title VI--and all of the implementing regulations and executive orders--that requires it to not discriminate on the basis of national origin. Guidance from the Federal Transit Administration provide for the use a so-called four-factor analysis to determine the extent to which NYCTA programs must accommodate people with limited English proficiency. In my view, that guidance mandates that Access-A-Ride programs be provided to users in languages in other than English (probably the same languages in which MetroCard vending machines operate). To that extent, the lawsuit has merit.

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(301362)

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Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT

Posted by italianstallion on Tue Dec 23 19:25:31 2014, in response to Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT, posted by BusMgr on Tue Dec 23 19:13:20 2014.

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Good analysis. Are you a lawyer?

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(301363)

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Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT

Posted by merrick1 on Tue Dec 23 19:26:51 2014, in response to Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT, posted by NIMBYkiller on Mon Dec 22 19:08:45 2014.

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This is New York. There have always been a lot of different languages spoken here.

A guy I worked with was cleaning out his parents' house in the Bronx. He found papers from a time when he was hospitalized as a kid. The papers were in English, Italian and Polish. They dated from the 1930's

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(301364)

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Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT

Posted by BusMgr on Tue Dec 23 19:53:10 2014, in response to Re: City's Access-A-Ride system shuts out non-English speaking disabled: LAWSUIT, posted by italianstallion on Tue Dec 23 19:25:31 2014.

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I invoke my fifth amendment right to not incriminate myself!

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