MBTA Lawsuit Update (PDF)

Summary of settlement terms

class-action lawsuit against the MBTA

Following is a summary of improvements slated for the MBTA as a result of the settlement of a class-action ADA lawsuit filed by Greater Boston Legal Services on behalf of eleven individual plaintiffs and the Boston Center for Independent Living. The settlement was announced on April 3, 2006 and will be legally binding in U.S. District Court. The MBTA placed a total monetary value of $310 million on the planned cost of improvements. Individual plaintiffs were Joanne Daniels-Feingold, Gene Smith, Maureen Cancemi, Andy Forman, Rob Park, Reggie Clark, Tom Gilbert, Dan Larkin, Rogera Robinson, Myrnairis Cepeda, and Joan Golden. Plaintiffs have indicated that a new, positive partnership with the MBTA, long the bane of many people with disabilities, is emerging.

1. Upgrade elevators and escalators.  The MBTA has committed to spending $122 million over the next five years to add, replace and upgrade elevators and escalators and to ensure continuous, uninterrupted elevator service during all passenger service hours.  This includes adding elevators at Park Street, Downtown Crossing, Harvard Square and Porter Square and replacing a number of outdated, small elevators.  The MBTA has committed to the highest standard of elevator and escalator maintenance to ensure that elevators are working during all passenger service hours.

 2. Improve bus services.  Bus drivers are required to treat passengers who have disabilities with courtesy and respect, provide any necessary assistance, use lifts and ramps properly, pull to the curb at stops, secure passengers using wheelchairs properly and follow all MBTA rules concerning accessible services.

 3. Improve bus maintenance.  The MBTA must improve its maintenance procedure to ensure that ramps, lifts, kneelers, signs, public address systems and other accessibility devices are working properly whenever a bus is in service.

 4. Buy new, low-floor buses.  The MBTA must continue to buy new low-floor buses, which provide for the easiest boarding, to replace the current 394 buses with wheelchair lifts that are difficult to use and maintain.  Almost all routes will be served with low-floor buses by 2007.  

 5. Close platform gaps.  The MBTA has agreed to find and use “state-of-the-art” solutions to the problem of wide gaps between subway cars and platforms, which present serious safety hazards, especially to passengers using wheelchairs.  The MBTA will repair and replace all defective yellow warning strips, which enable people with vision impairments to know they are at the edge of a platform.

 6. Replace difficult mobile lifts.  As a temporary measure, the MBTA is installing “mini-high” platform and ramps at 11 Green Line stations to replace the extremely difficult mobile lifts used to make the cars accessible to passengers using wheelchairs.  To the best of its ability, the MBTA will assign one low-floor car to each street car train on the Green Line, so passengers can board using convenient ramps.

 7. Install new PA systems.  The MBTA is installing new PA systems and electronic message boards throughout the system to enable all passengers to get reliable, up-to-date information.  A new system of directional signs and other “wayfinding” devices will be developed and installed.  Emergency call boxes will be usable by people with disabilities and maintained in proper working order.

 8. Improve training and customer assistance.  Customer assistance and emergency procedures are being substantially improved.  The complaint system is being reworked to make it simpler and more responsive.  A new training program directly involving people with disabilities is being developed.  The MBTA must provide proper supervision of personnel dealing directly with customers and, when necessary use available disciplinary measures to ensure accountability for performance of job responsibilities related to accessibility and ADA compliance.

 9. Appoint a manager for accessibility.  The MBTA is appointing an assistant general manager with responsibility for making bus and subway services accessible to everyone.

 10. Monitor compliance.  An independent monitor, appointed by and accountable to the Court, will assess compliance with the terms of the agreement.  This will include undercover monitoring of bus service for people with disabilities.

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