Public Transportation Providers’ Obligations Under the Americans with Disabilities Act (ADA) Page: 3 of 8
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Public Transportation Providers' Obligations Under the Americans with Disabilities Act
Statutory Language
Under the ADA, individuals with disabilities may not "be excluded from participation in or be
denied the benefits of the services, programs, or activities of a public entity, or be subjected to
discrimination by any such entity."' In the context of public transportation, the statute requires
transportation entities to offer supplemental "paratransit" service for people with disabilities. The
statute provides,
it shall be considered discrimination ... for a public entity which operates a fixed route
system ... to fail to provide ... paratransit [services] ... that are sufficient to provide to such
individuals a level of service (1) which is comparable to the level of designated public
transportation services provided to individuals without disabilities using such system; or (2)
in the case of response time, which is comparable, to the extent practicable, to the level of
designated public transportation services provided to individuals without disabilities using
such system.
All public entities operating a "fixed-route system" are subject to the ADA's complementary
paratransit requirements. The ADA defines "fixed-route system" as "a system of providing
designated public transportation on which a vehicle is operated along a prescribed route
according to a fixed schedule."3
A public entity is any state or local government, any department or instrumentality of a state or
local government, the National Railroad Passenger Corporation, and certain commuter
authorities.4 Also, the subcontractors of such public entities are subject to these obligations, even
if the subcontractors are private entities.5
Paratransit Regulations
The Department of Transportation first promulgated regulations to implement the ADA's public
transportation provisions on September 6, 1991.6 Under these regulations, "each public entity
operating a fixed route system" (excluding commuter bus, commuter rail, and intercity rail
systems) must provide "comparable" paratransit service for individuals with disabilities.'
Paratransit service, generally defined, is responsive, accessible origin-to-destination
transportation service that is an alternative to a fixed-route system.
It is important to note that paratransit requirements do not authorize public entities to supercede
the ADA's other non-discrimination provisions. Although the regulations obligate entities to offer
paratransit service, the regulations also forbid entities from requiring their customers with
disabilities to utilize the paratransit services instead of the services available to the general public.
1 42 U.S.C. 12132 (2008).
2 42 U.S.C. 12143(a) (2008).
s 42 U.S.C. 12141(3) (2008).
4 42 U.S.C. 12131(1) (2008).
s ADA regulations allow public entities to contract with private entities to provide fixed route services. 49 C.F.R.
37.23(a) (2008). When they enter such a contract, however, public entities must ensure that the private entities adhere
to ADA regulations, including requirements for paratransit services. For more information on subcontractors'
requirements, see http://www.fta.dot.gov/civilrights/ada/civil_rights_3892.html.
6 56 Fed. Reg. 45584 et seq.
7 49 C.F.R. 37.121(a), (c) (2008).Congressional Research Service
1
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Toland, Carol. Public Transportation Providers’ Obligations Under the Americans with Disabilities Act (ADA), report, November 7, 2008; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc821610/m1/3/?q=%22Discrimination%20against%20the%20disabled%22: accessed May 13, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.