MBTA ACCESSIBILITY LAWSUIT UPDATE GREATER BOSTON RESIDENTS WORKING TOGETHER FOR ADA COMPLIANCE BY THE MBTA DANIELS-FINEGOLD ET AL. V. MBTA WINTER 2005-2006 FEDERAL COURT: CIVIL ACTION NO. 02 CV 11504 MEL ISSUE VII Case Update: Laying class action law suit and she has been active ever since. Groundwork For Real Change The class action lawsuit is not the first time urrently, GBLS is in negotiations with the that Joan has dealt with the MBTA legally. In MBTA to reach agreements to ensure that the 1998, she was seriously injured while exiting a bus CMBTA will comply with the ADA and using a bus lift. Joan uses a manual wheelchair for provide a firm commitment of good customer mobility. When the lift malfunctioned, it left Joan service to all passengers. These negotiations will dangling with her wheelchair over her head. Joan help lay the groundwork so that the MBTA will be filed a private suit which since settled but she knew able to provide its customers with safe, reliable and that one private suit would not be enough to see the dependable public transportation. Several meetings changes that were needed on the “T.” with the General Manager of the MBTA, Dan Now, Joan does not use the train very Grabauskas, and Heads of the Rail and Bus often…and who can blame her? Her accident departments concerning access features and occurred on a bus but the fear of being trapped guidelines have already taken place. underground should equipment fail is even scarier On January 19, 2006 the named Plaintiffs to her. Joan’s situation is one of the problems of met to discuss settlement issues. GBLS, BCIL and accessibility that GBLS is confronting in the law the Plaintiffs discussed the bus system: the use of suit. From 1998 to 2006 Joan has continued to have old buses and new buses; maintenance of elevators; concerns about the “T.” “It has taken a long time,” issues with ramps lifts on the Green line. The yet Joan has persisted in her demand for importance of improved wayfinding was also accessibility. Now she patiently waits for the discussed. Plaintiffs actively participated in positive outcome that this lawsuit is capable of reviewing the proposed settlement language and bringing. made suggestions regarding settlement details. “If I could rely on the MBTA buses and The goal of a settlement is to receive a train to take me to and from my destinations in a commitment from the MBTA and also an safe and timely manner, I would certainly use it understanding that access is an ongoing, evolving more than I do now,” Joan said. When asked how process. The process will require continued she feels about settlement negotiations, she could community involvement to truly bring about not express in words how happy she was that soon meaningful change in the transportation system. accessibility would no longer be an “IF” but a GBLS will continue to gather information and keep definite reality for all people with disabilities. the community informed and involved to further the goals of the lawsuit. Not everything that is faced can be changed, but nothing can be changed Spotlight: One Plaintiff’s Story ersistent and patient is one way to describe until it is faced. Madelyn Joan Golden, a resident of Malden, -James Baldwin P Massachusetts and a named plaintiff in Author and Playwright Daniels-Finegold Et. Al. v MBTA. Ms. Golden, Joan to her friends knew something had to be done about accessibility problems with the MBTA but Charlie Tickets Are Here! she did not know how to get involved until she harlie Tickets are here to replace tokens, heard a news story on television. Immediately, Joan turnstiles and monthly passes. On the Blue called Greater Boston Legal Services and joined the CLine, Silver Line and Red Line. They are already in use in some stations. February 2006: All 2 Daniels-Finegold Et Al v. MBTA WINTER 2005-2006 ISSUE.VII stations from Braintree to South Station on the Red communicates with their passengers from the time Line. The Green Lines, Mattapan line and buses passengers start using the “T” until they reach their will not be completely converted until the end of final destination. Spring, 2006. The remainder of the system will be All passengers, including people with converted from April through next winter which disabilities, are aware that the MBTA does not includes buses. communicate effectively with its riders. A good There are two new cards: The Charlie Ticket wayfinding system should clearly identify and the Charlie Card. The Charlie Ticket will accessible paths of travel, identify the location of contain a stored value or “T” pass and will function track trains, buses, ticket windows, fare equipment, much like weekly and monthly passes do today. elevators and escalators. It should include station The Charlie Card can be reused and passengers will announcements regarding pending service delays or be able to add value to the cards at fare boxes which emergency communications and should be clear. will work with cash or credit cards. More importantly, the information that is being The Charlie Ticket is meant to streamline announced on the public address system should be fare collection and is similar to the systems in place simultaneously displayed visually. in New York City, Washington D.C. and London. Class members have reported in their Passengers with a disability have voiced their affidavits that the MBTA is difficult to navigate. concerns that the new automated systems will create Some concerns regarding the MBTA’s wayfinding a lack of personnel to assist passengers. The system include: the poor quality of Public Address MBTA states that CSAs (Customer Service Agents) Systems on trains, buses and stations; consistency will provide service and assist passengers with between announcements and LED screens; blocked information. signs; unclear signs; and lack of maps that clearly The Charlie Ticket requires all passengers state a route. These problems need to be corrected with a disability to acquire a Transportation Access to ensure that passengers have the correct Pass (TAP) to receive the discounted fare. A information to plan their trip. One important goal Medicare Card or Commission for the Blind of the lawsuit is to ensure that the MBTA hires a Identification Card will no longer be sufficient to wayfinding expert to evaluate the “T’s” system. receive the reduced fare. To receive information on The wayfinding expert will then present a how to obtain a TAP you may call (617) 222-3200 comprehensive wayfinding plan to the “T” and the or visit www.mbta.com and click the picture that “T” will implement that plan. A consistent, looks like the Charlie Card. There is information comprehensive plan can be developed to create a under the heading: Information for Blue Line more user friendly MBTA for all passengers and Senior/TAP Customers. provide the highest quality services to persons with Currently the new fare collection system is disabilities. only operating on the Blue Line at: Airport Station, Contact Information Aquarium Station, Beachmont, Orient Heights, Problems with the MBTA? Contact Us! Revere, Suffolk Downs, Wonderland and Wood Greater Boston Legal Services Island and on the Silver line at the Washington GBLS is the primary provider of free civil, legal Street branch. Buses, Green Line and Mattapan services to low-income residents of the 32 cities lines will begin to install the new systems in Spring and towns of greater Boston. of 2006. Phone: 617-312-1234 What is Wayfinding and TTY: 617-371-1228 Case Website: how is it involved in this case? http://www.gbls.org/health/access.htm. ayfinding simply refers to what people Boston Center for Independent Living see, what they think about and what they BCIL works to promote the civil rights of all W do to find their way from one place to people with disabilities. another. There is more to wayfinding then just Phone: 617-338-6665 signs. Wayfinding is how the MBTA Published by Greater Boston Legal Services, 197 Friend Street, Boston, MA 02114 .