Arizona Center for Disability Law

 

 

 

FOR IMMEDIATE RELEASE                 Contact: Peri Jude Radecic, Director of Public Advocacy

July 8, 2005                                                  (520) 327-9547, extension 24

                                                                        Cell: (623) 308-5111

                                               

 

People with Disabilities to Receive Improved Paratransit Service in Tucson

Settlement Agreement Reached in Preston v. City of Tucson

 

Tucson, July 8, 2005.....Today in federal court, U.S. District Court Judge John Roll, in an order,  approved a Settlement Agreement between the Arizona Center for Disability Law (Center) and the City of Tucson (City) ending a class action lawsuit filed against the City over three years ago.  Plaintiffs in this case are individuals with disabilities who utilize Van Tran, the City’s paratransit service.  Paratransit is a comparable public transit service required by the Americans with Disabilities Act (ADA) for persons with disabilities who are unable to ride the city bus system because of their disabilities. Van Tran is presently managed for the City by PTM Paratransit of Tucson, Inc.

 

The Center brought the lawsuit after receiving numerous complaints about poor service including: numerous denials of requests for paratransit rides; denial of next-day paratransit service; too early or too late pick ups on a substantial number of occasions; excessive trip lengths; and refusal to schedule paratransit rides at the time of request.

                                               

“Since 2002, Van Tran and the City have significantly improved the paratransit service they provide for people with disabilities who qualify for paratransit service,” said Leslie Cohen, Executive Director and co-counsel on the case for the Center. “They have agreed to continue to meet the prescribed performance standards in the settlement agreement, thus ensuring comparability of public transportation service for and independence of people with disabilities.”

 

The Settlement Agreement provides for:

 

w Jurisdiction by the U.S. District Court to enforce the terms of the settlement agreement.

                       

w Performance standards for trip denial rates, on-time pick ups, and trip lengths.

 

w Annual Center input in the City’s paratransit budget and planning process.

 

w Submission of monthly compliance reports to the Center to verify operating performance.

                       


The 23-page Settlement Agreement also includes a denial of wrongdoing by the City as well as an acknowledgment that the City has made significant, good faith efforts to improve Van Tran before and after lawsuit was filed.

 

The terms of the Settlement Agreement are effective immediately.  Individuals who experience problems with Van Tran should utilize current complaint procedures.  Service complaints should be addressed to Van Tran administration by calling (520) 798-1000, Monday - Friday, 7:00 a.m. - 4:00 p.m.

 

“The prescribed performance standards in the settlement agreement and the Center’s annual input in the City’s paratransit budget and planning process are intended to ensure that the City satisfies its obligations to plan and budget for 100% compliance with the paratransit requirements of the ADA,” said Andy Mudryk, Director of Litigation at the Center.  “The agreement gives us the option of seeking court involvement if the City fails to meet the performance standards prescribed in the settlement agreement.”

           

Andy Mudryk and Leslie Cohen are the Center’s lead attorneys on this case.

 

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The Arizona Center for Disability Law is a not for profit public interest law firm, dedicated to protecting the rights of individuals with a wide range of physical, mental, psychiatric, sensory and cognitive disabilities.  The Arizona Center for Disability Law is authorized under various federal statutes to ensure the protection and advocacy of all individuals with disabilities in the state.

 

 

 

 

 

100 North Stone Avenue   P  Suite 305  P Tucson, Arizona 85701

(520) 327-9547 (Voice/TTY)  P  Fax (520) 884-0992

www.acdl.com  P center@acdl.com