[blindLaw] Justice Department Settles with Amtrak to Resolve Disability Discrimination - U.S. Department of Justice - December 2, 2020

Thu Dec 3 21:11:32 UTC 2020

I could be wrong here, but it looks like this suit was largely directed at the physical accessibility of train stations for wheelchair users.  Is that right? Or would this settlement cover harms caused by other kinds of disability discrimination?

-----Original Message-----
From: BlindLaw <blindlaw-bounces at nfbnet.org> On Behalf Of Seif-Eldeen Saqallah via BlindLaw
Sent: Thursday, December 3, 2020 12:57 PM
To: Blind Law Mailing List <blindlaw at nfbnet.org>
Cc: Seif-Eldeen Saqallah <seifs at umich.edu>
Subject: Re: [blindLaw] Justice Department Settles with Amtrak to Resolve Disability Discrimination - U.S. Department of Justice - December 2, 2020

Thank you, Noel, for your email.

Whom do we contact to submit a claim; the information is blank?

"If you were harmed by Amtrak’s lack of accessible transportation services between July 27, 2013, and [insert Effective Date of the Settlement Agreement] you may be eligible to receive payment from a compensation fund established by Amtrak.
To be eligible for consideration for possible payment, you must submit a claim by [insert date].  You may obtain information on how to submit a claim in several ways: (1) by sending an email with your name, address, and telephone number to [insert email address to be designated by Fund Administrator], or (2) by calling the Fund Administrator at [insert toll free voice and TTY telephone numbers to be designated by Settlement Administrator].

A copy of the Settlement Agreement between the U.S. Department of Justice and Amtrak is available at [website]."
Settlement Agreement between the United States and National Passenger Railroad Corporation - Amtrak https://www.ada.gov/amtrak_sa.html

Sincerely,
Seif

On 12/3/20, Nightingale, Noel via BlindLaw <blindlaw at nfbnet.org> wrote:
>
> https://www.justice.gov/opa/pr/justice-department-settles-amtrak-resol
> ve-disability-discrimination-across-its-intercity-rail
> Justice Department Settles with Amtrak to Resolve Disability 
> Discrimination Across its Intercity Rail System Office of Public 
> Affairs U.S. Department of Justice December 2, 2020 The Justice 
> Department today announced that it reached an agreement with Amtrak, 
> the National Railroad Passenger Corporation, to resolve the 
> department's findings of disability discrimination in violation of the 
> Americans with Disabilities Act (ADA). Under the agreement Amtrak will 
> fix inaccessible stations and pay $2.25 million to victims hurt by its 
> inaccessible stations.
> The accompanying complaint filed by the department alleges that Amtrak 
> has violated and continues to violate the ADA by failing to make 
> existing stations in its intercity rail transportation system readily 
> accessible to and usable by individuals with disabilities, including 
> individuals who use wheelchairs. The ADA gave Amtrak 20 years from the 
> law's 1990 enactment to make its stations accessible, requiring Amtrak to comply by July 26, 2010.
> "When Congress enacted the Americans with Disabilities Act in 1990, it 
> recognized the crucial role transportation plays in our lives," said 
> Eric Dreiband, Assistant Attorney General of the Civil Rights Division.
> "Transportation is the linchpin of access for people with disabilities 
> to the full economic, social, and cultural benefits of our country. 
> The Americans with Disabilities Act gave Amtrak until 2010 to make its 
> stations accessible for individuals with disabilities. Amtrak failed 
> or refused to comply with the Congressionally-mandated 2010 deadline, 
> and Amtrak's noncompliance with the Americans with Disabilities Act 
> injured individuals with disabilities. Passengers with disabilities have waited long enough.
> Today's agreement is a historic victory for individuals with 
> disabilities, Amtrak, the rule of law, and the promise of equal 
> opportunity for all Americans. We welcome Amtrak's commitment today to 
> bring its system into compliance with the law so that all individuals 
> have an equal opportunity to barrier-free rail transportation."
> Under the agreement, Amtrak has committed to make its intercity rail 
> stations accessible, prioritizing stations with the most significant 
> barriers to access. Over the next 10 years, Amtrak will design at 
> least 135 stations to be accessible, complete construction at 90 of 
> those stations, and have at least 45 more under construction. Amtrak 
> will also train staff on ADA requirements and implement an agreed-upon 
> process for accepting and handling ADA complaints. As part of this 
> commitment, Amtrak recently established an Office of the Vice 
> President of Stations, Properties & Accessibility to coordinate its compliance with the ADA.
> To compensate those harmed by inaccessible stations while trying to 
> travel by train, Amtrak will establish a $2.25 million settlement 
> fund. Individuals with mobility impairments who traveled or desired to 
> travel at 78 specified stations with significant accessibility issues 
> may be compensated from the settlement fund.
> This action was brought by the Disability Rights Section of the 
> department's Civil Rights Division. To read the settlement agreement, 
> please click here, and to read the complaint, please click here.
> This year marks the 30th Anniversary of the ADA. The Justice 
> Department plays a central role in advancing the nation's goal of 
> equal opportunity, full participation, independent living, and 
> economic self-sufficiency for people with disabilities. To learn more 
> about the ADA's history and impact, please visit the department's ADA Anniversary webpage.
>
>
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--
Seif Saqallah
(Pronouns: he/him/his.)
University of Michigan
Juris Doctor/
Masters in Middle Eastern and North African Studies J.D/M.A Candidate | 2020

International Studies, Arabic Studies, and Judaic Studies; Law, Justice, and Social Change B.A | 2017

248-325-7091 | seifs at umich.edu

Student Attorney | International Transactions Clinic

Student Attorney | Civil-Criminal Litigation Clinic

University of Michigan Law School
www.law.umich.edu/ITC
www.law.umich.edu/clinical/generalclinic/Pages/default.aspx

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