Melton v. Dallas Area Rapid Transit
| Decision Date | 25 November 2003 |
| Docket Number | No. CA 3:02-CV-0236-R.,CA 3:02-CV-0236-R. |
| Citation | 326 F.Supp.2d 767 |
| Parties | Roger and Sue MELTON, individually and as next friends of their son, Jason Melton, and Advocacy, Incorporated, Plaintiffs, v. DALLAS AREA RAPID TRANSIT, Defendant. |
| Court | U.S. District Court — Northern District of Texas |
Laurance L. Priddy, Advocacy Inc., Dallas, TX, Elise Mitchell, Advocacy Inc., Fort Worth, TX, for Plaintiffs.
Harold R. McKeever, Roland Casteneda, Dallas Area Rapid Transit, Legal Dept., Dallas, TX, for Defendant.
Before the Court is Dallas Area Rapid Transit's ("Defendant" or "DART") Motion for Summary Judgment and Plaintiffs' Motion for Partial Summary Judgment. Plaintiffs Roger and Sue Melton, individually and as next friends of their son, Jason Melton, and Advocacy, Incorporated ("Plaintiffs") filed this suit against DART for violations of title II of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, et. seq. ("ADA") and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 ("Rehabilitation Act"). Jason Melton ("Jason") is an individual with a disability. Plaintiffs claim that DART's discontinuance of paratransit-service pickups via Plaintiffs' alley constitutes discrimination on the basis of Jason's disability. Plaintiffs also claim that DART failed to make reasonable modifications to their service plan to accommodate Jason's disability in violation of the ADA. Plaintiffs request injunctive relief, declaratory relief, and attorneys' fees.
For the reasons stated below, Defendant's Motion for Summary Judgment is GRANTED, and Plaintiffs' Motion for Partial Summary Judgment is DENIED.
Due to injuries sustained in 1982, Jason requires the use of a wheelchair and the daytime assistance of an attendant. Jason lives in Dallas with his parents, who have modified their home to accommodate Jason's special needs. Plaintiffs' house sits approximately six feet above the street on which it is located, and the resultant slope prevents Jason from using the front entrance to gain street access. In addition to other modifications, Plaintiffs have built a ramp in their garage which enables Jason to access the rear driveway and the alley behind the house. Jason regularly travels to the Bachman Recreation Center, which provides his principal opportunity for instruction and socialization outside the home. For these trips, Jason requires both the assistance of an attendant and the use of paratransit services. Jason's injuries make him sensitive to extreme temperatures.
DART, a regional transportation authority that receives federal funding, operates a "fixed route system" of public transportation with complementary paratransit services. DART's paratransit system is a curb-to-curb, shared-ride program for people with disabilities who are unable to use DART buses or trains. It also provides some limited door-to-door service. According to DART's "A Guide to Paratransit Services," riders must be The rider must travel to the pickup location. DART's program does not include pickups in alleyways, and it has been approved by the Federal Transit Administration as compliant with title II of the ADA and the Rehabilitation Act.
From 1992 through early 1999, DART provided Jason with paratransit service, which included picking him up in the paved public alley behind Plaintiffs' house. In June of 1999, DART received a complaint about paratransit vans picking up a rider in an alley behind his house. After learning that some contract drivers for DART were picking up riders in alley ways, DART examined its service plan and the safety hazards associated with alley pickups. DART concluded that safety concerns precluded its continuance of alleyway pickups and that DART would strictly enforce its curb-to-curb policy. It is disputed whether safety concerns indeed justify the cessation of alleyway pickups. In 1999, after DART discontinued its practice of alley-way pickups, another paratransit rider filed a "Title II of the Americans with Disabilities Act/Section 504 of the Rehabilitation Act of 1973 Discrimination Complaint Form" over DART's decision to enforce its curb-to-curb program. The Civil Rights Office of the Federal Transit Authority responded to the complaint by supporting Defendant's discontinuance of alleyway pickups. Specifically, DART's actions with regard to delivery of ADA complementary paratransit service was found not to be deficient.
DART paratransit vehicles arrive for a pickup at any time within at 20-minute "ready-time" window, and vehicles are to leave after waiting five minutes for the passenger. DART issues riders who fail to appear for a scheduled pickup with "No-Show" violations. Passengers who receive three No-Shows within a 30-day period will receive a service suspension of 30 days. DART's curb-to-curb program requires that Jason be picked up at the entrance to the alley, approximately one block away from his home. Jason must be transported to the end of the alley to be picked up in a variety of weather conditions.
Rule 56(c) of the Federal Rules of Civil Procedure allows summary judgment only when the moving party demonstrates that there is no genuine issue as to any material fact and the party is entitled to judgment as a matter of law. See Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Melton v. Teachers Ins. & Annuity Assoc. of Am., 114 F.3d 557, 559 (5th Cir.1997). The party moving for summary judgment bears the initial burden of identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file together with affidavits, if any, which it believes demonstrates the absence of a genuine issue of material fact. See Celotex Corp., 477 U.S. at 323, 106 S.Ct. 2548.
Once the movant has discharged its initial burden under Rule 56, the nonmovant must set forth specific facts, by affidavits or otherwise, that show a genuine issue for trial. See Topalian v. Ehrman, 954 F.2d 1125, 1132 (5th Cir.1992), cert. denied, 506 U.S. 825, 113 S.Ct. 82, 121 L.Ed.2d 46 (1992). In weighing the evidence, the court must decide all reasonable doubts and inferences in the light most favorable to the nonmovant. See Walker v. Sears, Roebuck & Co., 853 F.2d 355, 358 (5th Cir.1988); Thornbrough v. Columbus & Greenville R.R. Co., 760 F.2d 633, 640 (5th Cir.1985). As long as there appears to be some support for the disputed allegations such that "reasonable minds could differ as to the import of the evidence," the motion for summary judgment must be denied. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Summary judgment for the defendant will be granted if the plaintiff fails to make a showing sufficient to establish a material issue of fact as to the existence of an element essential to its case. See Celotex, 477 U.S. at 322, 106 S.Ct. 2548.
Plaintiffs first advance claims of discrimination on the basis of disability under title II of the ADA. Plaintiffs contend both that Jason was discriminated against and that DART unlawfully failed to make reasonable modifications of its paratransit system.
To establish a prima facie case of discrimination under title II of the ADA, Plaintiffs must prove: (1) that Jason is a qualified individual under the Act; (2) that Jason is being excluded from participation in, or being denied benefits of, services, programs, or activities for which Defendant is responsible, or otherwise is being discriminated against by DART; and (3) that such exclusion, denial of benefits, or discrimination is by reason of Jason's disability. Lightbourn v. County of El Paso, Texas, 118 F.3d 421, 428 (5th Cir.1997). Jason is a qualified individual under the ADA. Under the second prong, no genuine issue of material fact remains. Plaintiffs have failed to show that Jason has been excluded from participation in, or is being denied the benefits of DART paratransit service. Although alleyway pickups have ceased, DART has not excluded Jason from participation in the paratransit program, and he has not been denied paratransit services. Rather, Plaintiffs claim that alleyway pickups constitute a reasonable modification to paratransit service provision that DART should be required to undertake. Defendant is entitled to summary judgment as to Plaintiffs' ADA claim of discrimination.
While Plaintiffs maintain that DART's paratransit system generally complies with the ADA, Plaintiffs contend that DART's failure to make reasonable modifications to their paratransit plan to allow alleyway pickups constitutes discrimination on the basis of Jason's disability. This argument hinges on whether 28 C.F.R. § 35.130(b)(7), which requires that public entities make reasonable modifications to policies when necessary to avoid discrimination on the basis of disability, unless the public entity demonstrates that the modifications would fundamentally alter the nature of the service, applies to DART's provision of paratransit services. Plaintiffs claim that 28 C.F.R. § 35.102(b) indicates that because subtitle B of title II of the ADA fails to mention reasonable modifications, the reasonable modifications provision of subtitle A, 28 C.F.R. § 35.130(b)(7), controls. It states:
To the extent that public transportation services, programs, and activities of public entities are covered by subtitle B of title II of...
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Melton v. Dallas Area Rapid Transit
...the ADA nor the Rehabilitation Act required DART to make reasonable modification to its paratransit service. Melton v. Dallas Area Rapid Transit, 326 F.Supp.2d 767 (N.D.Tex.2003). The Meltons filed a timely motion for a new trial, which was effectively a motion to alter or amend the judgmen......
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