The Honorable Barbara Boxer United States Senator 1700 Montgomery Street Suite 240 San Francisco, California

94111 Dear Senator Boxer: This letter is in response to your inquiry on behalf of your constituent, XX . XX feels that the San Francisco Municipal Railway ("MUNI") has violated the Americans with Disabilities Act ("ADA") by not providing access for persons with disabilities in its light rail system, and by not providing paratransit. Specifically, XX states that there are no wheelchair accessible features at the train station near her home that is on the "N-Judah" line within MUNI's light rail system. In addition, XX apparently has not received any response to requests for paratransit service. Subtitle B of title II of the ADA establishes accessibility standards for the operation of public transportation systems. The Department of Transportation is responsible for implementing subtitle B of title II and its regulations. Under title II all public entities that provide designated public transportation by means of light or rapid rail must make key stations on its system readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs. See 42 U.S.C. §§ 12141(2), and 12147(b)(1) and (2); 49 C.F.R. § 37.21(a)(1) and (b), and 37.47(a). Under Department of Transportation regulations, all public entities, including MUNI, were required to designate key stations in their system and submit a plan for compliance with the ADA. Key stations include those stations serving major activity areas such as transfer stations. See 49 C.F.R. § 37.51(b). MUNI designated approximately 37 stations in its light rail system as key stations. Only these key stations are required to be accessible for persons with disabilities. cc: Records; Chrono; Wodatch; Magagna; Pestaina; McDowney; MAF: FOIA udd\pestaina\sfmuni\muni.cgl 01-03534​ -2The ADA provides that all key stations were to be

accessible, with the exception of the installation of detectable warnings, by July 26, 1993. MUNI, however, received an extension of this deadline until December 1996 for 20 of its key stations because it was determined that extraordinarily expensive structural changes were necessary at these stations to improve station accessibility for riders with disabilities. Seventeen key stations were still required under the ADA to be accessible by July 26, 1993. MUNI did not have these seventeen stations fully accessible by that date. The Department of Transportation has been attempting to negotiate a voluntary compliance agreement with MUNI to bring it into full compliance as soon as possible. If these negotiations are not successful, the Department of Justice may seek relief in court. XX does not indicate in her letter the name of the station that is located near her home. Thus we cannot determine whether it is one of the key stations required by the ADA to be accessible. If it is a key station, but it is one of the stations that MUNI received an extension on, it is not required to be accessible under the ADA until December 1996. If it is one of the seventeen stations that is presently in noncompliance with the ADA, XX has a private right of action against MUNI for any damages that she has suffered as a result of MUNI's failure to make these stations accessible by July 26, 1993. Under the title II, every public entity operating a fixed route system must also provide paratransit or other special service to individuals with disabilities that is comparable to the level of service provided to individuals without disabilities who use the fixed route system. This paratransit requirement applies to all public fixed route transportation, with the exception of commuter bus, commuter rail, and intercity rail systems. Public entities were required to begin implementation of their paratransit plan by January 26, 1992. Full compliance is required no later than January 1997. The Department of Transportation will be able to provide more specific information regarding the current status of MUNI's implementation of its paratransit plan, as well as standards for eligibility for paratransit service. Accordingly, we have taken the liberty of forwarding a copy of your inquiry to that agency and have requested that they reply directly to you.

01-03535​ -3I hope this information is helpful to you in responding to your constituent. Sincerely, Deval L. Patrick Assistant Attorney General Civil Rights Division 01-03536​ XX Pg 1 of 7 June 14, 1994-San Francisco Dear Board of Supervisors and Fellow Citizens: Fact Letter

This letter supports the "rights" and the "laws" of the Americans with Disabilities Act. We must at all cost honor the "basic civil rights," and policy issue it affords, which is "timely transportation. Transportation is a matter that cuts across all communities needs. As a City, State and Federal Law, now almost three year's into law, it has not been honored, to date. As a board member I have the honor of serving for citizens right's who address issues, ordinary citizens do not have to face on a daily basis. This time our protest unites with fellow San Franciscans, To do no harm and one that does not censure nor present, "unduehardship". A city's governing leaders and agencies must plan effective lasting measures that fullfill, without discriminating health needs, mentally and physically; which protects individuals which neither "undermines efforts to educate, rehabilitate or offers employment." As stated above, "this ADA Law, gives civil rights," and protections to individuals w/disabilities-on the basis of race, color, sex, national origin, age and religion. It guarantees equal opportunity in public accommodations, employment, 'transportation.' Also to State and local gov't services and telecommunications. This measure of this Federal Law, enforces, fair, swift effective enforcement of a "high priority For over one year I have had my civil right's taken from me. Three blocks from my home my local tram, "N Judah" has no wheelchair accessible feature like the N,L,M,J,K, and other city electrical buses, there is no assuredness that my city favorably and legally meet my needs as a person with disabilities: Not all lines througout my city can be accessed, nor do all public transportation systems accord me safe

ILLEGIBLE for my safety from the elements of 01-03537​ XX Pg 2 of 7 stops discriminates even further, as they are not wheel-chair accessible The non-existence of public phones which was once available at these stops, further takes away my rights, which are accorded citizens on every street block, who are able to stand, and may post haste, dial to receive any degree of interface, including for "emergency"; for medical or legal or law enforcement, certainly life-threatning issues. This basic need curtails or needs just as much as public accessability to any and all needs, are accorded the public at large.) I have this last year not been idle, although this lack of transportation has been at a terrible loss. It has denied me, spiritual uplift, follow-thru for physical therapy since last March for major back surgery, and present final diagnosis of multiple sclerosis, thorough interface with support services of my physicians, my therapist's, certainly the right to any health or mental health accord, and my ability to serve appreciatively on this board, the S.F. General Hospital Advisory Board, the Sunset Coalition (Neighborhood), adequately raising awarness and funding for my own non-profit foundation The Center For AND BY Victims And Survivors of Violent Trauma (& Abuse). Para-transit, an agency under the Municipal Railway Transportation in San Francisco, is legally bound, to answer to those within 21 days. My initial communication, w/paratransit, stressed the priority of my gaining any such access, with having a terminal illness, such as cancer Aids, etc. To have to disclose any such information seems demeaning, discriminating and "medically invasive." To be told w/o apology, and sensitivity, that, "one only," has a disability, such as MS, and forced to wait anywhere from 3 months to 21/2 years, is unforgiveable. To be kept w/o the knowledge and actual situation (due to added ILLEGIBLE 01-03538​ Pg 3 of 7 avenues as well.) Much more injurious has been the final cut from long-term friend's, associates, and family, and extended family. I am punished by the knowledge, I cannot vote, and am put in the undignified position of being w/o just cause, a prisoner, in my own home, and community.

The final blow came from Mayor Jordan's office, and his Security Police person for City Hall, for the Mayor himself. It is especially that much more irreprehensible, as I had worked with positive action for Mayor Jordan's campaign. Mike took it upon himself to answer for the Mayor and City Hall. With each statement, he directed to my husband (a medic-and Vietnam Veteran) and myself he ended it with, "Why are you protesting"? His dialogue (not verbatim, but close to) stated: * Why are you protesting? *This is the greatest country in the world! You, just got your diagnosis of MS, these last months. * I told him of the difficulty of crossing a 12 lane intersection the difficulty of going up-hill and onto sidewalks that were blocked by cars, trucks, motorcycles, and of my having to continue out into the street. His comment chilled me - "I don't want to hear about "your difficulties." "I" just want to know, where you can access any bus." *When I told him how much our families valued freedom, (4 sides of our families endured communism, Fascism ILLEGIBLE concentration camps, genocide, 01-03539 XX Pg 4 of 7​ "I know, I've been to Russia.") "You" just can't walk into the Mayor's office. * I then stated that I had written Mayor Jordan. He asked you did? I said, yes by the "Super Highway", as President Clinton had stressed. His comment, "I don't believe in them, I don't trust them"! He told me I would then have to go home and put into "chronological order every single incident, write down all names, places and all interface of who or what had, had part, in my last year of "transportation difficulties." Then send it in, -wait for a return call or letter, and then proceed to make an appointment, and wait for that day I told him people w/MS, have great difficulty with muscle tone and become very fatigued, etc. He stated, "Oh, you have plenty of time, believe me." I went on to state that certain public personalities were

in belief of my protest and stance. I told him this was not, a political issue, but that people from all continuum were supportive and extremely needful of "Basic Transportation I told him, that my friend, Senator Kopp had written a letter to Mr. John Stein of Muni, 2 times (once in January and again in April, of which neither were answered, & still to date, nothing He answered, "Oh, I'm meeting Senator Kopp, tonight, for dinner." I further told him a copy of my letter had gone to President Clinton Senator Kennedy, and he in turn, sent my letter to Senator Boxer, who sent a letter to, Mayor Jordan. I lastly told him, I had met with the various Supervisors, Office ILLEGIBLE Hsesh, Halihan, Kennedy, etc., stating they were very supportive of my stance, and protest! 01-03540​ XX Pg 5 of 7 His reply "Oh sure, this is election time, go to them, oh, you might even go on Monday afternoon and to the Supervisor's chamber at 4:00 pm. "They", will let you speak for 3 minutes." Mike went on to say a few more statements, on the mayor's behalf. Mike is a policeman. He did not hit me physically, but he hit me, way past the point of acceptability. To be addressed in such a manner "on the be-half of any public official of whom our taxes, "employ", gives the name "freedom", the worst respect, from an office that enerates, "law and order". The City Hall press when asked to take up my story, said, "We have more important issues." Again, I am worried as are my constituents, and fellow Americans in regards to the indifference and apathetic total irresponsibility of those who are healthy, are gainfully employed, and w/o the overwhelming difficulties that disabled and "handicapable" citizens face, moment to moment. Please know that this letter has taken me through the entire night to be readied for this Board to address, with a joint letter of support. To write (handwrite) a letter is very painfull and exhausting. Yet I feel it my responsibility as an American to point out what constitutes the very framework and structure a city, state or country should and must comply with, no matter what the cost. When ILLEGIBLE 01-03541

XX Pg 6 of 7 The First Amendment guarantees us the freedom to speak, to write, to be seen, and to be heard, etc. For 46 years, I remained in silence, to the deafining remainder of violence, abuse, torture, and being buried alive. Yet they could not kill me! I sustained injury far beyond words from infancy to 20 years of age. In the adult years, my life was dedicated to peace, (as it is today) yet, - the insufferable insensitiveness of an - uncaring world, whose abuse was just as bad at all levels of interface. Although, I am self-taught, to date I am with a remainder of a grave learning disorder, loss of education, employment (in the ordinary sense), economical enjoyment(s), extreme depressive states, and now unable to address the further of my life due to "lack of transportation." I have been in community outreach and support of all citizen's, since the age of 15. My efforts for the people I serve ILLEGIBLE is to offer an understanding to any/all victims & survivors, (that is stated at the highest regard and integrity) of how to turn around an adversity to positive life full-fillment. I teach people to not cope, not survive, but "live life". Please use my name for those who are weakened by a system and a law that hold no regard for "human dignity". Use my name when you think this letter serves but one, for it is in the name of all people young and old who have no advocate, no assistance or follow thru of support in any manner, nor have the broadened horizons of health, education, employment, social, friend, or family affiliations. 01-03542​ XX Pg 7 of 7 In short, we must not, and cannot curtail the avenues of "peaceful actions." My success, in this present issue, and venture and journey of this cities life must be an action that represents this city, this state, this country, and in total, is all our success! In closing, I will not keep silent! I have seen the ILLEGIBLE of abuse from near and far. Regardless of my losses, my lack of education, and or degree. Regardless of the "labels" others,

strangers, books and physicians, as a free citizen I have the right to uphold everything that the constitution gurantees us all. At 51, the only disabling feature I feel I have is the action of not "trying to reach people in a "timely manner". Still I cannot be held responsible for any agencies, or person's, "inaction", locally or nationally, ILLEGIBLE. The conflict comes when we sit on the fence and make no valid choices of fighting for the right's of life, liberty and the pursuit of happiness. Thanking you, I remain most Respectfully, XX 01-03543​ XX June 14, 1994 San Francisco XX UPDATE: San Francisco, Ca. XX As of 11:30 AM this morning, I received mail from, James Ross - Community Services - Assistant For, The Office of The Mayor of San Francisco. At a meeting held at the Sunset Coalition this past week, I addressed Mr. Ross and those present, of the overwhelming difficulties the experiences (personally) and the unresponsiveness for the disabled, and to "Handicapable community's, of no "timely transportation". The added issue of the Security Officer to the Mayor (City Hall & Home, & car) and his insensitivity and callous regard was expressed. I followed up my story with calling Mr. Ross for the receipt of a letter of "apology from the Mayor", and from "Mike", his Police Security Associate. The enclosed letter is what I received. I find this to be extremely unacceptable to myself and or in receivorship of any San Francisco citizen Disabled, or not! Please share this info. with all you know & ask them to send letters to me at above address. Please send me your letter of response and support

that I may take to the air-waves, and the public at large. Sincerely, 01-03544​ United States Senate HART SENATE OFFICE BUILDING SUITE 112 WASHINGTON, DC 20510-0505 (202) 224-3553 May 9, 1994 The Honorable Frank M. Jordan Mayor City and County of San Francisco City Hall San Francisco, California 94102 Dear Mayor Jordan: I have been contacted by XX regarding her concerns for access to the city bus line for people who are disabled. Ms. XX claims that her inquiries with the San Francisco Municipal Railway and Para-Transit had gone unanswered. Senator Boxer is forwarding a copy of correspondence Ms. XX had forwarded to Senator Kennedy for your review and consideration. Any information you can provide in response to the concerns expressed by XX will be most appreciated. Thank you for your assistance in this matter. Please respond to Senator Boxer's San Francisco office, Attention: Beatriz Rivas Rogalski. Sincerely,

Beatriz Rivas Rogalski Deputy Chief of Staff BRR/ber cc: XX 01-03545​

Office of the Mayor SAN FRANCISCO

FRANK M. JORDAN

June 9, 1994 XX San Francisco, CA XX Dear XX Mayor Frank Jordan has asked that I respond to your letter concerning access to the Municipal Railway by the disabled. This letter was forwarded to the Mayor by Senator Boxer's office. Since your concerns are of a operations nature I am forwarding a copy of your letter to Johnny Stein, the General Manager of Municipal Railway. He will respond to you directly concerning your problems paratransit. Thank your for taking the time to express your concerns. Please feel free to contact me if I may be of assistance in the future. Sincerely, James Ross Community Services Assistant 200 CITY HALL, SAN FRANCISCO, CALIFORNIA 94102 (415) 554-6141 01-03546