MBTA ACCESSIBILITY LAWSUIT UPDATE
Greater Boston Residents Working Together for ADA Compliance by the MBTA
Daniels-Finegold Et Al. v. MBTA	Summer 2010
Federal Court: Civil Action No. 02 CV 11504 MEL	Issue XX


Introducing: MBTA General Manager Richard Davey

    Richard Davey was introduced as General Manager of the MBTA in April. The position carries with it the burden 
of facing severe financial debt and years of customer dissatisfaction. Despite the daunting challenges, General 
Manager Davey is excited and optimistic about the future of the MBTA.

    At the MBTA, GM Davey hopes to have the same impact he had as GM of the Massachusetts Bay Commuter Railroad 
(MBCR). At MBCR, Mr. Davey left his mark by improving safety and customer service standards system-wide. Under GM 
Davey’s watch from 2008 to 2009, complaints dropped by 40 percent.

    According to GM Davey, “Safety is the MBTA’s top priority.” Recently the MBTA became the first transit system 
in the country to incorporate specialized emergency wheeled mobility devices and compatible motorized evacuation 
carts into its emergency evacuation system. In addition, the transit authority has increased employee emergency 
training and started random bag checks at stations to ensure safety.

    In order to further reach the Greater Boston community, GM Davey hopes to “rebrand and remarket” the MBTA. 
The MBTA is introducing an Access Guide in the fall of 2010. The Guide, complete with step-by-step text, video, and 
picture instruction about how to use the fixed-route system, should soon be available to all passengers on the MBTA’s 
website. And in an effort to improve regular service, the MBTA is also focusing on what GM Davey refers to as 
“non-sexy” projects such as track repairs and bus maintenance.

    Looking forward, Mr. Davey is excited about a number of projects. According to the GM, the MBTA is committed 
to installing cameras aboard busses in an effort to combat illegal parking in bus stops. Despite an increased $100 
parking fine that was signed into law on January 7, 2009, the problem of people parking in bus stops has persisted. 
GM Davey hopes to further discourage people from parking illegally by issuing parking tickets using snapshots taken 
by bus drivers. Other projects that the GM is excited about include: a fully accessible Museum of Science Green Line 
stop (a place that Mr. Davey calls a “key cultural institution”) and the repair of the much maligned Copley Green 
Line subway platform.

    GM Davey is hoping to improve the MBTA through hard work and attention to detail. Mr. Davey is also looking 
forward to attacking and fixing problems rather than hiding them. “It’s unfortunate that in the past it’s taken 
litigation for the T to focus on all customers,” the GM said, “but I’m excited to call people customers or riders 
instead of plaintiffs.” For the MBTA and its new GM, the promises are in place. It remains to be seen whether or not 
these promises will be fulfilled, but there are reasons to be optimistic about the future.

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The 20th Anniversary of the ADA On July 26, 2010, the City of Boston celebrated the 20th anniversary of the Americans 
with Disabilities Act with an event on the Boston Common. The event was hosted by a number of organizations 
including the Boston Center for Independent Living. Speakers at the celebration included Governor Deval Patrick, 
Mayor Thomas Menino, journalist John Hockenberry and comedian Jonathan Katz. In a moving speech, Governor Patrick 
called the ADA “one of the most significant pieces of civil rights legislation of the 20th century.” The event also 
showcased the newest low-level busses that the MBTA has introduced into its fleet. Attendees were encouraged to 
board and examine the new busses, and the vehicles were largely applauded by the many guests. Joanne 
Daniels-Finegold, et al v. the MBTA owes its victory in large part to the groundbreaking ADA.

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In an effort to improve MBTA customer service, GM Davey is personally answering the questions of riders once a
month at select subway and bus stations for his “Join the GM” campaign. The next meeting occurs on Thursday, 
September 9 at the Riverside Green Line subway station. Locations and times of future meetings can be found on the 
MBTA website at: http://www.mbta.com/about_the_mbta/news_events/?id=19191

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Mobile Parking Payments

In July the MBTA introduced a new parking payment system that makes commuter rail travel much easier. By using a 
program called Parkmobile, customers can now pay for parking from anywhere using a smart phone application, text 
message, or phone call. The system, which is in place at 72 parking lots across the commuter rail system, will 
hopefully shorten riders daily commutes. Riders can register for free at http://us.parkmobile.com/.

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Joint Initial Assessment

The MBTA and the plaintiffs in the Joanne Daniels- Fine gold et al case recently signed a Joint Initial Assessment 
that examines what the MBTA has done to improve accessibility and also what challenges remain. The document can be 
found in text or audio form at: http://www.mbta.com/riding the t/accessible service s/default.asp?id=16903 

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  Barriers to accessing health care?			Finding problems on the MBTA?
  • Inpatient rooms without accessible bathrooms? 	• Gaps between platform and train?
  • Not being weighed at doctor’s appointments?		• No staff assistance available at stations?
  • Service dog not allowed in hospital?		• Problems boarding busses?
  
GBLS and BCIL are working together to improve accessibility at health care facilities and the MBTA for individuals 
with disabilities. To share your experiences please contact: Taramattie Doucette, GBLS, 617-603-1575; 
617-371-1228 (TTY); tdoucette@gbls.org


Published by Greater Boston Legal Services, 197 Friend Street, Boston, MA 02114