CCB Paratransit Draft Resolution calling For Equitable Paratransit Services

WHEREAS, Prior to passage of the Americans with Disabilities Act of 1990 (ADA), the availability and quality of paratransit service varied widely throughout California and the nation; and

Whereas, the ADA requires jurisdictions with fixed route service to establish complementary paratransit service; and

Whereas, at its core, the goal of ADA complementary paratransit service is to enable riders whose disabilities preclude them from using fixed route service to have a means of transport to and from places served by a jurisdiction’s fixed route service; and

WHEREAS, Paratransit service is necessary for many people with disabilities, including those who are blind or have low vision, to maximize their independence by having the necessary transportation options to allow them to participate in in all aspects of daily life, such as education, employment, leisure and accessing medical and social services; And

WHEREAS, as a result of the federal ADA regulations adopted pursuant to the limited core goal of ADA complementary Paratransit, these services are, more often than not, expensive, unreliable, and not intended to enable people with disabilities to get wherever they need to go when they need to get there; and

Whereas, because people with disabilities are both disproportionately low-income and in disadvantaged and underserved groups, the failure of ADA complementary paratransit to meet their needs creates significant inequities, based on the adverse impact on their ability to live independently; and

WHEREAS, in the past, CCB and other disability organizations have neither adequately addressed nor acted upon the serious inequities of paratransit service; and

WHEREAS, Freedom of movement is a fundamental, human right; and

WHEREAS, Paratransit riders often report feeling powerless and hopeless because the minimum requirements governing paratransit service essentially deny them this fundamental right; and

Whereas, the specific inequities in paratransit service include, but are not limited to:
the high cost of fares, the inadequate ability to transfer between jurisdictions, ¾ mile eligibility restriction, the lack of same day service, and recertification of riders with permanent disabilities; and

Whereas, the time required for reserving rides, the lack of same-day scheduling, the often outrageous time that paratransit riders must spend on a vehicle, missed appointments and other inequities would be considered unconscionable were these circumstances faced by the driving public; and

Whereas, some paratransit providers have undertaken innovative initiatives that show promise for the future; and

Whereas, nonetheless, it is abundantly clear that people with disabilities must begin to advocate for a paradigm shift in the basic purpose behind the provision of paratransit service, through short-term and long-term change at the local, state, and ultimately the national level, NOW, THEREFORE, BE IT

RESOLVED, IN VIRTUAL CONVENTION ASSEMBLED THIS SEVENTH DAY OF APRIL 2024, that this organization commit to advocate for both the short-term and long-term changes in paratransit so that riders can get where they need to go when they need to get there, and be it further.

Resolved, that CCB assemble a task force of active and knowledgeable paratransit riders, which may include the authors of this resolution, to develop a Paratransit Bill of Rights and White Paper, recommending next steps that this organization should take to further the goals of this resolution, and BE IT further

RESOLVED, that this organization endeavor to disseminate the bill of rights and white paper developed pursuant to this resolution to California transit agencies, public transit and disability rights advocates, the media and the public, and BE IT FURTHER

RESOLVED, that the Publications Committee consider focusing an issue of The Blind Californian (BC) on Paratransit to increase awareness of its shortcomings, and encourage advocacy, and BE IT FURTHER

RESOLVED, that this organization encourage its members who have an appropriate understanding of paratransit requirements to join transit district or paratransit agency advisory boards, transit advocacy groups and other appropriate entities to help bring about the changes sought by this resolution and be it further.

RESOLVED, that a copy of this resolution be forwarded to the American Council of the Blind for action at its 2024 National Convention.

Resolution 2024-02 - Safety at Openings into Interior Grocery Cart Return Areas

(Revised 3-14-24)

Whereas, many big-box/super stores, e.g., Walmart, Target, Costco, Sam’s Club, are designed to have a grocery/shopping cart return area (GCRA) within the building or adjacent to the store entrance; and

Whereas, a GCRA is a designated location where employees return grocery carts when they are not in use; and

Whereas, when an employee returns carts through the GCRA, they roll the carts through an opening in the store’s exterior wall; and

Whereas, a GCRA opening can either be at the front or side of a store; and

Whereas, these GCRA openings can vary in dimension; and

Whereas, the opening of a GCRA is closed off most often through the use of vertical or horizontal closing doors; and

Whereas, store employees are responsible for returning the grocery carts into these GCRAs, as well as keeping the GCRA door closed when carts are not being returned or not in use; and

Whereas, these GCRA doors are not reliably kept closed by the employees, which can expose customers with vision disabilities to a safety hazard if they should enter those GCRA openings that frequently have a clearance of less than 80 inches in height; and

Whereas, there have been reports of Californians who are blind or have low vision, with white canes and service animals, running into the overhead walls above these GCRA openings; and

Whereas, at least one of these reported incidents resulted in serious injury; and

Whereas, there are no standards in the California Code of Regulations, Title 24, Part 2, Chapter 11B, which specifically address the location, dimensions, and method of closure of the openings of GCRAs; and

Whereas, however, protruding object requirements can be found in Title 24, Section 11B-307.4 “Vertical clearance”, contains a clearance height requirement of 80 inches; and

Whereas, although it is eminently reasonable to interpret this requirement as applying to the vertical clearance for a GCRA, that requirement is not being enforced by local building officials because neither those officials nor the division of the State Architect, (DSA) has made such an interpretation that the vertical clearance standard is applicable to a non-pedestrian entryway.

Now, therefore, be it resolved by the California Council of the Blind (CCB) assembled in virtual conference and convention this 7th day of April 2024, that this organization strongly urge either that the DSA either.
1. clarify, in writing, that the 80-inch vertical clearance requirement contained in Title 24, Section 11B-307.4 applies to GCRAs or
2. research and develop standards, for emergency adoption by the California Building Standards Commission (CBSC), which specifically address the location, dimensions, and method of closure of GCRAs openings; and

Be it further resolved, that CCB work with the Division of the State Architect and California Building Officials, Inc., to develop training and education opportunities for building officials in their understanding of the need to enforce these GCRA requirements; and

Be it further resolved, that if such a clarifying interpretation or emergency regulations are not promptly adopted, this organization seeks legislative or legal remedies.