The Massachusetts Bay Transportation Authority (MBTA) is nearing the conclusion of a long-standing settlement that aims to improve accessibility for disabled riders, originally enacted 19 years ago as part of a class action lawsuit.
Now, both the MBTA and the disabled riders who sued the agency have agreed to appoint Patrick King, a state judge and federal mediator with the First Circuit Court of Appeals, as an independent monitor for the final phase of this agreement.
By December, the MBTA is expected to satisfy the terms laid out in the settlement, at which point the oversight role of Judge King will come to an end.
In a monumental shift, the responsibility for monitoring the transit agency’s compliance with accessibility standards will be handed over to a new citizen group comprising disabled riders themselves.
Joanne Daniels-Finegold, the lead plaintiff in the class action lawsuit resulting in the 2006 settlement, expressed cautious optimism regarding the upcoming transition.
She stated, “There’s been too much work on the part of all of us plaintiffs for it all to go to waste,” emphasizing her hope that the progress made over the last two decades will be maintained.
Previously, at the turn of the 21st century, she noted that only six stations on the Green Line had bridge plates to facilitate access for those in wheelchairs.
It was common for bus drivers to neglect their responsibility to accommodate passengers with disabilities.
Through the provisions of the settlement, significant improvements have been made, including sensitivity training for bus drivers and other accessibility measures.
However, as the monitoring role shifts away from an independent authority, some surviving plaintiffs harbor concerns about the future of these advancements.
The worry arises from the potential difficulty that disabled riders may face in being taken seriously by MBTA officials without the backing of a legally empowered monitor.
Although the MBTA has established a dedicated department for accessibility oversight, Taramattie Doucette, an attorney at Greater Boston Legal Services and lead counsel for the original lawsuit, noted the importance of King as an advocate for the plaintiffs.
Upon his appointment in 2007, King implemented initiatives such as deploying “secret shoppers”—pairs consisting of one person with a disability and one without—to gauge the quality of service across the system.
Despite the upcoming change in oversight, Doucette views the transition to citizen-led monitoring as an exciting opportunity for empowerment.
“Power rests with the people, this is how it should be,” Doucette remarked.
“The community can lead and can get things done.”
In agreement, King acknowledged that his role had diminished over time due to the MBTA’s progress.
“Over time, my role has really diminished because there are so few problems that I need to address,” King stated.
The oversight role he is leaving will be assumed by a citizens’ group known as the Riders’ Transportation Access Group (RTAG).
Katarina “Kat” Torres Radisic, a member of the Boston Center for Independent Living and an organizer for RTAG, emphasized the importance of community engagement in this new chapter.
However, some, like Myrnairis “Mic” Cepeda—a former plaintiff who suffered serious injuries related to bus accessibility—express skepticism about the ability of citizens to effect change as effectively as the independent monitor did.
Cepeda commented that newer members of RTAG do not adequately recognize the extensive efforts that plaintiffs made over the previous two decades.
“I’ve been to two RTAG meetings and I’ve never returned,” she confessed.
“They need to know what the history is. If you don’t know the history, you’re bound to repeat it.”
Fellow plaintiff Andy Forman, while sympathetic to Cepeda’s concerns, maintains an open mind regarding citizen oversight.
“I want to make sure that we still have the opportunity to go back to court to sue them if we have to,” he said, underscoring his commitment to advocating for continuous improvements like better stop announcements.
According to Forman, riding the train should allow for connecting conversations rather than the cognitive burden of counting stops.
He also expressed appreciation for the fact that many staff in the accessibility department of the MBTA, including assistant general manager Laura Brelsford, have disabilities, promoting the voice of the community in decision-making processes.
Tom Gilbert, another plaintiff who is visually impaired, expressed hope for the future of accessibility advocacy under citizen oversight.
He praised MBTA General Manager Phil Eng’s focus on improving accessibility.
Yet, Gilbert pointed out that cooperation between the T and local municipalities remains crucial, as it is a key term still pending compliance before the December deadline.
Living in Somerville, he highlighted ongoing issues with uneven pavements, saying, “These issues get thrown around like a political football between the city of Somerville, the MBTA, and MassDOT for years.”
Forman remains committed to attending future MBTA meetings in the spirit of advocacy.
He remarked, “Hopefully a legally blind person in 50 years will be able to take advantage of a lot of the stuff that we as a group have advocated for.”
image source from：bostonglobe
