Yesterday, the Federal Transit Administration publicly released its Title VI Civil Rights Review of Metro that was completed earlier this year. The FTA outlines a series of deficiencies in almost half of its twelve civil rights categories. Metro insists these are minor issues that can be easily fixed while critics of the agency call the report “a crushing indictment of the MTA.” The document is available as a word document off the FTA’s website and a pdf off Streetsblog’s Sribd Page.
The FTA identified deficiencies in five of the 12 requirements of the Title VI Circular applicable to urban transit agencies that receive federal funds. The five deficient areas are:
- Notice to the Public of Rights
- Language Access to LEP Persons
- System-wide Service Standards and Policies
- Evaluations of Service and Fare Changes
- Monitoring Transit Service
Despite the strong critique of Metro policies, the FTA report stops short of requiring that Metro roll back any of its recent fare increases or service cuts that led to the Bus Riders Union to call for a Civil Rights Review in the first place. BRU spokespeople noted that the report doesn’t rule out making such a determination in the future, but for now the agency has time to answer the FTA’s complaints, create and implement a Civil Rights Corrective Action Plan, and fill in some gaps in its reporting.
For example, when a Metro policy is shown, by its own analysis, to have a “disparate impact” on a minority or disadvantaged community Metro is required to prove that the policy is absolutely necessary and there is no other less discriminatory alternative available. In the case of its 2009 and 2011 service cuts, the agency did show a “disparate impact” in over three fifths of its service changes, but didn’t show that cuts were a “business necessity” in its own documents explaining the cuts and there were no other “less discriminatory alternatives.”
In plain English, Metro didn’t sufficiently prove that its service changes, cuts and improvements, were a business necessity after determining that they had a systematic negative impact on minority and disadvantaged communities.
In addition to studying the impact of its fare policies, including the reduction in cost for the Metro Day Pass that went on the books this summer, Metro is required to do a study of the cumulative impact of the changes to bus service that have occurred since 2009. But it’s not like Metro is just ticking off a series of studies that it has to do, pending the findings of these studies, the FTA could require changes, including a requirement to roll back past policies, service changes and fare changes once Metro concludes its reporting.
Some of the other findings in the report were just strange. For example, by its own standard, Metro has to examine why there is a significant difference, 3% or more, in survey answers from different demographics when completing its bi-annual survey of riders. However, when their rider surveys showed that difference, there was never any examination of why, just a blanket statement that: Read more…