AMER. DISABLED FOR ACCESSIBLE PUB. TRANSP. v. DOLE

Civ. A. No. 86-2989.

676 F.Supp. 635 (1988)

AMERICANS DISABLED FOR ACCESSIBLE PUBLIC TRANSPORTATION (ADAPT) et al. and Eastern Paralyzed Veterans Association (EPVA) et al. v. Elizabeth H. DOLE.

United States District Court, E.D. Pennsylvania.

January 4, 1988.


Attorney(s) appearing for the Case

Thomas K. Gilhool, Timothy M. Cook, Andrew Erba, Stephen F. Gold, Philadelphia, Pa., James D. Fornari, Richard M. Zuckerman, Jarblum, Solomon & Fornari, P.C., New York City, for plaintiffs.

Peter Greenberg, Philadelphia, Pa., for Eastern Paralyzed Vet. Assoc. of Penna. Inc. & James J. Peters.

Raymond M. Larizza, Dept. of Justice, Civ. Div., Washington, D.C., Barbara Koppa Geralamo, Asst. U.S. Atty., U.S. Attorney's Office, Philadelphia, Pa., for defendant.


MEMORANDUM

KATZ, District Judge.

Plaintiffs, on behalf of the disabled, attack regulations which purport to carry out legislation protecting the rights of the handicapped and elderly to public transportation services. The regulations create a 3% cost cap as a safe harbor, regardless of the level of service provided by transit authorities to the disabled. I find this 3% formula as well as the inclusion of the cost of a "half-fare" program in the calculation...

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