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The Americans with Disabilities Act and Accessible Transportation: Challenges and Opportunities

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The Americans with Disabilities Act and Accessible Transportation: Challenges and Opportunities S. HRG. 112–880 THE AMERICANS WITH DISABILITIES ACT AND ACCESSIBLE TRANSPORTATION: CHALLENGES AND OPPORTUNITIES HEARING OF THE COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS UNITED STATES SENATE ONE HUNDRED TWELFTH CONGRESS FIRST SESSION ON EXAMINING THE AMERICANS WITH DISABILITIES ACT AND ACCESSIBLE TRANSPORTATION, FOCUSING ON CHALLENGES AND OPPORTUNITIES NOVEMBER 17, 2011 Printed for the use of the Committee on Health, Education, Labor, and Pensions ( Available via the World Wide Web: http://www.gpo.gov/fdsys/ U.S. GOVERNMENT PRINTING OFFICE 87–946 PDF WASHINGTON : 2014 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS TOM HARKIN, Iowa, Chairman BARBARA A. MIKULSKI, Maryland MICHAEL B. ENZI, Wyoming JEFF BINGAMAN, New Mexico LAMAR ALEXANDER, Tennessee PATTY MURRAY, Washington RICHARD BURR, North Carolina BERNARD SANDERS (I), Vermont JOHNNY ISAKSON, Georgia ROBERT P. CASEY, JR., Pennsylvania RAND PAUL, Kentucky KAY R. HAGAN, North Carolina ORRIN G. HATCH, Utah JEFF MERKLEY, Oregon JOHN MCCAIN, Arizona AL FRANKEN, Minnesota PAT ROBERTS, Kansas MICHAEL F. BENNET, Colorado LISA MURKOWSKI, Alaska SHELDON WHITEHOUSE, Rhode Island MARK KIRK, Illinois RICHARD BLUMENTHAL, Connecticut DANIEL E. SMITH, Staff Director PAMELA SMITH, Deputy Staff Director FRANK MACCHIAROLA, Republican Staff Director and Chief Counsel (II) CONTENTS STATEMENTS THURSDAY, NOVEMBER 17, 2011 Page COMMITTEE MEMBERS Harkin, Hon. Tom, Chairman, Committee on Health, Education, Labor, and Pensions, opening statement ............................................................................... 1 WITNESSES Capozzi, David M., Executive Director, U.S. Access Board, Washington, DC .... 5 Prepared statement .......................................................................................... 8 Bristo, Marca, President and CEO, Access Living, Chicago, IL .......................... 12 Prepared statement .......................................................................................... 15 Altom, Billy W., Executive Director, Association of Programs for Rural Inde- pendent Living, North Little Rock, AR .............................................................. 19 Prepared statement .......................................................................................... 21 Houghton, Jill, Executive Director, U.S. Business Leadership Network, Wash- ington, DC ............................................................................................................. 25 Prepared statement .......................................................................................... 27 ADDITIONAL MATERIAL Statements, articles, publications, letters, etc.: Community Transportation Association of America (CTAA), Dale J. Marsico, Executive Director, Scott Bogren, Associate Director, Charles Henry Dickson, Associate Director, prepared statement ........................... 41 Letters: Abilities!, John Kemp, President & CEO ....................................................... 57 Catskill Center for Independence, Joshua King, Disability Rights Advo- cate ................................................................................................................. 59 Clifton Perez, M.S.W., Systems Advocate, Independent Living Center of the Hudson Valley (ILCHV), NY, and Chair, National Council on Inde- pendent Living’s NCIL) Policy Sub-Committee on Transportation .......... 59 Southern Tier Independence Center, Susan Ruff, Advocacy Director (STIC) ............................................................................................................. 62 (III) THE AMERICANS WITH DISABILITIES ACT AND ACCESSIBLE TRANSPORTATION: CHAL- LENGES AND OPPORTUNITIES THURSDAY, NOVEMBER 17, 2011 U.S. SENATE, COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS, Washington, DC. The committee met, pursuant to notice, at 10 a.m., in Room SD– 430, Dirksen Senate Office Building, Hon. Tom Harkin, chairman of the committee, presiding. Present: Senator Harkin. OPENING STATEMENT OF SENATOR HARKIN The CHAIRMAN. The Senate Committee on Health, Education, Labor, and Pensions will come to order. The title of this hearing this morning is ‘‘The Americans with Disabilities Act and Accessible Transportation: Challenges and Op- portunities.’’ This is the fifth in a series of HELP Committee hear- ings that have examined promising ways to improve employment outcomes for Americans with disabilities. We always hear about how much unemployment there is in America—9 percent. Actually, it’s a little bit more than that, and we think that’s just devastating. But for people with disabilities, the unemployment rate is over 60 percent; over 60 percent. How would we feel as a nation if we had 60 percent unemployment? But that’s a fact of life for people with disabilities. In the last 3 years, the rate of people with disabilities leaving the workforce because of unemployment has been over twice that of nondisabled persons. So I just want to put this in context. Thanks to the Americans with Disabilities Act, our country has made significant progress in the area of accessible transportation. There’s no question that the ADA has produced a transformation in the accessibility of buses that people ride in our country’s great cities, and that newer mass transit systems like the DC Metro are much more accessible than older systems that were built in an era when our country just didn’t think much about accessibility. Before the ADA, less than 5 percent of city buses were accessible to wheelchair users. Today, more than 98 percent of city buses are accessible. It’s a shame that we are not seeing the same rate of progress in subways and taxis and trains and shuttles that we’ve seen in the bus system and in the paratransit area. Unfortunately, as many of our witnesses discuss in their written testimony for today’s hear- (1) 2 ing, more than 21 years after the passage of the ADA we have not yet achieved equality in access to transportation. The current situation in New York City with regard to taxicab accessibility is a good illustration of the barriers that people with mobility disabilities continue to face. And, also, not just those phys- ical barriers, but also outdated attitudes. I’m concerned that if we allow people with disabilities to continue to be treated like second- class citizens when it comes to transportation access, we will not achieve the goals of the ADA and will not open up the doors to em- ployment for everyone who can work and wants to work. So you may ask: What’s the problem in New York City? Well, let’s start with the status quo. At this moment in New York City, there are about 13,000 yellow taxicabs driving around Manhattan, picking up riders, taking them to their destinations around Man- hattan, to the airports, or to other boroughs. Of those 13,000 cabs, only 231 are accessible to wheelchair users. The city of New York has been sued by the United Spinal Asso- ciation and others for violating the ADA. The status quo in New York City treats wheelchair users like second-class citizens. To add insult to injury, when the New York City Taxi and Limousine Com- mission recently held a competition to create—get this, now—to create the ‘‘taxi of tomorrow,’’ they made accessibility optional and ultimately selected a Nissan van that is not wheelchair accessible. Now, the RFP that went out from New York should not have made it optional. If they want a true taxi of tomorrow, then it should not have been optional that it be accessible. When the U.S. Department of Justice filed a Statement of Inter- est in the United Spinal Association lawsuit and asserted that the city of New York was not doing enough to ensure equal transpor- tation access for their citizens with disabilities, Mayor Bloomberg personally engaged in the debate. He argued, ‘‘You just can’t take a wheelchair out into the street and hail a cab.’’ He said that in the accessible taxicabs, this is his quote, ‘‘A lot of drivers say that passengers sit too far away and so they can’t have a good dialog and they can’t get good tips.’’ That’s not my words. That’s the mayor’s words. Finally, Mayor Bloomberg argued, ‘‘Fewer people may use cabs because the suspension is worse.’’ Having ridden in many yellow taxicabs in New York City, I don’t see how any suspension could be worse than what I’ve ridden in in those taxicabs up there. I have spoken personally with Mayor Bloomberg about this situation. I am hopeful that he will gain a better understanding that people with disabilities have a federally protected right to hail a taxicab just like everyone else. The witnesses today all have personal experience with accessible transportation and barriers to accessible transportation. I want to take this opportunity to make it clear that I don’t agree with Mayor Bloomberg, and I’m going to do everything in my power as a U.S. Senator, as a chief sponsor of the Americans with Disabil- ities Act, to challenge the blatant discrimination that is occurring in taxicab accessibility. I think it is a gross injustice that less than 2 percent of the taxi- cabs in New York City are wheelchair accessible. I think it is a throw-back to pre-ADA America that the city thought it was OK 3 to make accessibility optional when they held a competition to de- sign the taxi of tomorrow. I want to make it clear that New York City is in the process of
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