Attorneys for Plaintiffs Attorneys for Defendant...Work to define accessibility requirements for future revenue railcars; PRIAA 305, etc. Evaluate accessibility of existing revenue

1

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

MICHAEL HARRIS & KARLA HUDSON, )

)

Plaintiffs, )

) Case No. 2:14-cv-13630

v. ) Hon. David M. Lawson

)

WAYNE COUNTY AIRPORT AUTHORITY, )

)

Defendant. )

)

_________________________________________/

NYMAN TURKISH PC ZAUSMER KAUFMAN AUGUST

Jason M. Turkish (P76310) & CALDWELL PC

Melissa M. Nyman (293207) Gary K. August (P48730)

20700 Civic Center Drive, Suite 115 31700 Middlebelt Rd Ste 150

Southfield, Michigan 48076 Farmington Hills, MI 48334

Phone: (248) 284-2480 Phone: (248) 851-4111

[email protected] [email protected]

[email protected]

Attorneys for Plaintiffs Attorneys for Defendant

____________________________________________________________________________/

PLAINTIFFS’ NOTICE OF FILING OF EXPERT REPORT OF GARY TALBOT,

PURSUANT TO RULE 26(a)(2) OF THE FEDERAL RULES OF CIVIL PROCEDURE

Plaintiffs, Michael Harris and Karla Hudson, hereby give notice and attach hereto the

Expert Report of Mr. Gary Talbot.

Respectfully submitted,

NYMAN TURKISH PC

/s/ Jason M. Turkish

By: Jason M. Turkish, Michigan Bar #P76310

20700 Civic Center Drive, Suite 115

Southfield, Michigan 48076

Phone: (248) 284-2480

Fax: (248) 262-5024

[email protected]

2:14-cv-13630-DML-RSW Doc # 10 Filed 09/29/14 Pg 1 of 46 Pg ID 66

1

By: Melissa M. Nyman, California Bar #293207

5800 Stanford Ranch Road, Suite 720

Rocklin, California 95765

Phone: (916) 218-4340

Fax: (916) 218-4341

[email protected]

Dated: September 29, 2014 Attorneys for Plaintiffs

Certificate of Service

I certify that on September 29, 2014, I electronically filed the foregoing paper with the

Clerk of the Court using the ECF system which will send notification of such filing to all

counsel of record.

/s/ Jason M. Turkish

By: Jason M. Turkish (P76310)


Date: September 28, 2014 Page 1 of 41

Detroit Metropolitan Airport

Preliminary Accessibility Report

ADA Assessment and Evaluation of Two Different McNamara Terminal Pick-Up/Drop-Off Sites used for Public Transportation (Bus Passengers)

Gary L. Talbot

Report written by

Gary L. Talbot

______________________

Sept. 28, 2014



Author’s Background:

Gary L. Talbot joined Amtrak in September 2011 as the Program Director for ADA and serves as an in-house ADA subject matter expert and director of the $50M/year ADA budget used to bring the Amtrak system into legal compliance with section 504 of the Rehabilitation Act and the ADA. Talbot works to improve the existing Amtrak system-wide accessibility that includes; existing and future station accessibility, existing and future rail car accessibility, website and mobile application accessibility, effective communication in stations, onboard vehicles (railcar and bus) and through written and electronic formats (website, mobile applications, 2-wat texting, etc.), provides legal interpretations under the Rehabilitation ACT of 1973 (as amended), the ADA of 1990, USDOJ 1990-2010, USDOT 1990-2006, ADAAG 1990-2004, etc. Talbot works to advance equal protection and access for people with a disability under the civil rights legislations (laws) and identifies the impact and necessary changes to the current business model/strategic plan. Previous to this position, Talbot was the Assistant General Manager for System-Wide Accessibility (SWA) with the Massachusetts Bay Transportation Authority (MBTA). The MBTA operates one of the largest mass transit systems in the U.S. that includes a vast network of bus and rail lines, including rapid bus transportation, and rapid rail, light rail, commuter rail and commuter boat service. The MBTA System-wide Accessibility Department was created by Talbot and is responsible for all aspects of accessibility such as; strategic planning, departmental vision and mission, system-wide policy/procedure development, effective communication; website and mobile application tools, accessible meeting policy, etc., accessibility compliance (structures, stations, vehicles, public venues/meetings, published documents, website, mobile applications, etc.), governmental oversight, work rules, training module development, architectural plan review and design review, technical specification development (new vehicle specification for railcar, bus, paratransit, ferry boat, etc.). Before joining the MBTA in May 2007, Talbot served as a senior project engineer for Walt Disney World Ride and Show Engineering. He was responsible for evaluating existing ride, attraction, transportation and facility accessibility and development of design/operational recommendations for improvement. He also worked on future rides and transportation globally and identified accessibility solutions that utilized common strategies for compliance and enabled global deployment. In 2004, Talbot developed the Disney Ride and Attraction Accessibility Audit process and also served as chief engineer on the parking lot tram door project for both Disneyworld and Disneyland. Talbot also served as an in-house, ADA subject matter expert in support of the Disney Legal department on several litigation matters. In February 2004, President George W. Bush named Talbot to the U.S. Access Board under the Americans with Disabilities Act (ADA) and other laws. The U.S. Access Board develops and maintains design criteria for the built environment, transportation, telecommunication, and information technology. In December of 2007, President Bush named Talbot to a second four year term on the U.S. Access Board which ended December 31, 2011 but Talbot was held over as a board member by the Obama Administration until December 2012. Talbot was chair of many of the Access Boards committees, including standing committees and ad hoc and rule making committees. Previous to joining Walt Disney World, Talbot worked as an Engineering Group Manager for General Motors (GM) and managed GM’s Mobility Center. The GM Mobility



Center was responsible for engineering, design and development of vehicle features and options specially designed for drivers and passengers with disabilities and the emerging senior population. Through the GM Mobility Center, Talbot also served as an in-house ADA subject matter expert and advised GM on various applications and impacts of the ADA including, world headquarters redesign, plant/facility accessibility, standardized design for future dealerships, alliance partner (Disney) ride and attraction accessibility (GM Test Track, etc.), website accessibility, accessibility of the OnStar system, etc. While at GM, Talbot was awarded two patents (co-inventor) that improved the accessibility of personal use vehicles for passengers and drivers with disabilities. Talbot, who holds a degree in mechanical engineering from the University of Michigan, is active in various trade and civic organizations. From 1996 to 2009 Talbot was the chair of the Society of Automotive Engineers (SAE) Adaptive Devices Standards Committee (ADSC), which has responsibility for developing technical standards for adaptive devices and/or vehicles used in personal use vehicles by persons with disabilities. Talbot has presented at many conferences and conventions on the benefits of universal design, accessibility, civil rights and inclusion of people with disabilities and compliance with the ADA and other accessibility related federal, state and local codes and regulations. He has also represented both plaintiffs and defendants in state and federal court as an accessibility/engineering expert witness and ADA subject matter expert.


Date Updated: 1-2-2011 Page 1 of 7

Gary L. Talbot 15 North Trail Wilmington, DE 19810 (302) 439-4456 (H), (734) 649.1311 (c) gtaccesssolutions.com [email protected] [email protected]

EDUCATION:

Rensselaer Polytechnic Institute Class: Management of Technical Projects Pittsburgh Building Troy, New York

University of Michigan Date of Graduation: December 18, 1994

Ann Arbor, Michigan Degree: BSME

Work Experience:

Amtrak September 6, 2011 to Present Government Affairs Program Director ADA 405 N. King Street Wilmington, DE 19810

Developed Amtrak level boarding policy; worked internal and with external stakeholders (White House, DOT, FRA, FTA and the disability community) to develop the new Amtrak level boarding policy

Worked with DOT/FRA on the level boarding issue in Michigan (NS line to be purchased by state of Michigan) and successfully negotiated a moveable platform edge extension as the mainstream level boarding solution for the NS line

Work closely with federal funding and enforcing agencies to enhance accessibility Worked with Engineering to secure FY13 funding for the Gap elimination/mitigation project Developed the Gap elimination/mitigation technical documents, serve as responsible technical engineer for project Worked with Procurement to develop the RFP documents and utilize the Gap technical documents so this project could be

put out for bid Developed accessibility presentations used for Civic Conversations and presented on Amtrak’s new level boarding policy in

NH and MN Developed presentations used for internal Amtrak staff on the new level boarding DOT rule and Amtrak’s new level

boarding policy Supported Engineering and Transportation on the development of the WAS Union station level boarding enhancement

project and engineering studies Supported Legal department in the development of the updated Accessibility assessment tool (1991 code updated to 2006

code) Evaluate existing accessibility of station program, passenger rolling stock, training, website, apps, etc. and identify areas in

need of improvement; identify areas non-compliant to the ADA and make recommendations for changes/updates, etc. Identify new policies and procedures needed to advance accessibility and compliance Support community efforts to advance accessibility and inclusion system-wide Work with host Rail Roads and third parties to define accessibility requirements Develop new technologies to enhance level boarding solutions throughout nationwide system Serve as staff ADA subject matter expert (SME) for all accessibility elements, stations, railcar, bus, service, communication

technologies, etc. Work to define accessibility requirements for future revenue railcars; PRIAA 305, etc. Evaluate accessibility of existing revenue railcars and make recommendations for improvement Perform accessibility gap analysis on all assets impacted by accessibility Review and approve design/construction drawings and develop accessibility checklists for use in facility accessibility

assessments, minimum accessibility requirements, etc. Perform complex legal interpretations of built environment, communication and transportation elements based on 1991

ADAAG, 1991 USDOT, 1991 USDOJ, 2004 ADAAG, 2006 USDOT, 2010 USDOJ Establish departmental goals, develop metrics and issue updates/reports on progress Help prepare updates on compliance progress to Congress, board of directors, internal/external stakeholders, etc.


Gary L. Talbot Date Update: 6-15-2013 Page 2 of 7

MBTA May 21, 2007 to September 2011 System-Wide Accessibility Assistant General Manager 10 Park Plaza, 5th Floor Room 5720 Boston, MA 02116

Create System-Wide Accessibility (SWA) department covering all fixed route modes of public transportation; fixed route bus, subway, light rail, commuter rail, commuter boat

Develop job descriptions for all positions, develop organization structure and manage all activities Develop postings for all new positions, interview candidates and make selections Absorb existing fixed route reduced fare card offices from Operations and merge into newly formed SWA Establish initial budget request, yearly budget requests and manage all aspects of yearly budget; $1.6m/year, 9 FTE, 7 FT

temp, 16 PT temp Evaluate existing system-wide accessibility and identify areas in need of improvement ; areas non-compliant to the BCIL,

ADA, etc., perform accessibility gap analysis Develop strategic plan based on gap analysis for system-wide improvement and sustainability Develop system-wide accessibility solution sets for all impacted departments and formulate project plans for

implementation; Operations, Design and Construction, System Maintenance and Improvement, etc. Develop grant proposals for funding requests to implement BCIL settlement and bring system into ADA compliance; CIP,

TIP, stimulus, FTA, etc. Modify/update existing union work rules to include specific requirements for customers/employees with disabilities (all

departments impacted by settlement) Create new MBTA policies and procedures as necessary to ensure compliance to BCIL settlement, ADA and all applicable

codes and laws Establish departmental goals, develop metrics and issue updates/reports on progress to goals Create SWA sign off policy to ensure compliance and improve overall service; impacts all departments and requires

approval from SWA prior to procurement, implementation, design gate review, etc. Create new training modules for use by all settlement affected departments to ensure compliance and better meet the needs

of customers with disabilities Develop metrics to internally gage both compliance and overall impact on service; develop internal monitoring program Develop SWA complaint investigation process and assist in the development of the MBTA discipline advisory committee Provide engineering and architectural support to all MBTA departments and other internal and external stakeholders

o Perform plan reviews and provide redline drawings and written comments, technology reviews and development, site visits, develop punch lists, develop best practices, etc.

Develop site survey forms used to evaluate existing accessibility and identify areas on non-compliance Provide feedback across disciplines to identify areas of concern and opportunities for improvement; architectural,

operational, administrative, contract, labor, legal, or other functional areas Ensure accessibility compliance to all applicable codes/laws; ADA, DOT, FTA, FRA, IBC, NFPA and MAAB (state of

Mass Accessibility code) Work with Automated Fare Collection (AFC) department to improve fare vending and fare gate equipment accessibility

including tactile Braille, audio, reach ranges, clear space requirements, LEP, etc. Hold public meetings with court appointed monitor to update internal/external stakeholders and public on progress to date,

areas of concern, opportunities for collaboration, etc. Develop presentations/reports/updates and provide to Secretary of Transportation, Board of Directors, General Manager,

Executive staff, external stakeholders, public meetings, etc. Manage internal/external compliance monitor process mandated by the BCIL settlement agreement; implement all aspects

of the BCIL settlement agreement, ensure compliance to all requirements found in the settlement agreement Support MBTA Real-estate department on land acquisitions, contract terms and conditions (lease agreements, etc.) on all

projects that have impact accessibility; including third party site access agreements (elevator, path of travel, etc.) Create MBTA technical specifications for various functions/departments to ensure new policies and procedures are

successful; elevator technical specification, public rights of way, temporary public rights of way (under construction and/or repair), commuter rail car, subway car, light rail car, commuter boat, etc.

Establish SWA as “in house” subject matter experts on all accessibility topics; including facilities/stations, vehicle procurements, operations, customer interface, communications, training, HR, legal, Real-Estate, etc.



Disney Corporation November 1, 2004 to May 16, 2007 Ride and Show Engineering Senior Project Engineer Walt Disney World Resort Lake Buena Vista, FL 32820

Develop Disney ride and attraction accessibility survey process Survey all four Florida parks for compliance with applicable laws and code requirements; title III ADA, state law, etc. Evaluate existing ride and attraction accessibility and identify areas for improvement (global effort) Evaluate new global “blue sky” projects for accessibility and make necessary improvements to enhance universal

functionality (prior to production); rides, attractions, transportation, etc. Evaluate new ride, facility, transportation prototypes for accessibility and make necessary accessibility enhancements Use lessons learned to share with global ride, facility, transportation, etc. development teams Develop ride, facility, transportation, etc. accessibility solutions “pick-list” and formulate project plans for implementation Provide feedback on current accessibility legislation and pending legislation and identify opportunities to improve the

accessibility offered to guests with disabilities Provide mainstream engineering support to Project Engineering, facility engineering and transportation among other

stakeholders; project management using SAP Develop strategic plan to implement necessary accessibility enhancements (global effort) Review and comment on current/future Disney ship accessibility; including effective communications, path of travel,

equivalent facilitation, etc. Serve as “in house” subject matter expert on all accessibility topics; expert witness on behalf of Disney Chief engineer on one of the largest transportation CAR’s (Capitol Authorization Request) companywide; Tram Barrier

Project for both CA and FL theme parks o Develop design requirement specification for tram door (barrier) including development of the tram door for the

accessible tram cars (CA only) o Develop check list, technical questions and evaluation process for approved bidders, guide the supplier (contractor)

selection process and identify best candidate o Oversee all technical project elements; 30/60/90/100%, prototype and first article o Develop acceptance test requirements and perform all tests to ensure product meets or exceeds minimum

requirements

U.S. Access Board March 2004 to December 2007 (1st term) Architectural and Transportation Barriers Compliance Board December 2007 to December 2011 (2nd term) US Access Board 2nd Term extended to 12-2012 Washington, D.C. Presidential Appointee

Develop national regulatory/accessibility guidelines and standards for the built environment, communication, transportation, recreation (theme parks, passenger vessels, fishing piers, etc.

Voted in as Technical Programs Committee Chair (March 2006 and re-elected in March 2008) o Responsible for determining research projects funded; oversee $400k yearly budget o Identify new areas of focus and necessary funding to support rulemaking process

Member of the Access Board Executive Committee o Help shape the board structure; goals, priorities, focus issues, committee structure, etc. o Appointed to the Executive Director Evaluation Committee (2008)

Appointed Chair of the Passenger Vessel Accessibility Guidelines Ad Hoc Committee (January 2005) o Responsible for guiding the completion of the passenger vessel accessibility guidelines o Determine direction for future rulemaking; large vessel versus smaller vessel, etc.

Member transportation rules ad hoc committee; serve as transportation subject matter expert Promote accessibility throughout all segments of society Investigate and examine alternative approaches to the architectural, transportation, communication and attitudinal barriers

confronting persons with disabilities Determine what measurers are being taken by Federal, State and local governments and by other public agencies to

eliminate barriers encountered by persons with disabilities Provide technical input on rulemaking as subject matter expert and public board member Part time paid federal employee, 3-5 days every other month for official board meetings



GM - Vehicle System Engineer November 2003 to November 2004 Upfitter Integration – G van/GMT610 Research and Development

Warren, Michigan Tech Center - Engineering Group Manager

Provide engineering liaison assistance to Special Vehicle Manufacturers (SVM), Recreational Vehicles, Mobility, etc Provide technical support in resolving upfitter issues, determine regulatory requirements for GM and Upfitter industry Provide input to Best Practices Manual – annual review of content and provide changes Determine opportunities to improve vehicle for upfitters and their customers

Mobility Engineering April 1999 to November 2003

GM Mobility Center Research and Development Warren, Michigan Tech Center – Engineering Group Manager

Determine regulatory requirements for mobility equipment options (NHTSA, FMVSS, etc.) and communicate to appropriate vehicle programs

Regulatory compliance responsibility for GM mobility engineering Define vehicle requirements for the senior population, people with disabilities, human factors, regulatory requirements, etc. Convert mobility requirements into vehicle technical specifications Identify vehicle/mobility equipment combinations that improve accessibility and flexibility Develop new mobility solutions – bubble-up, prototype, etc. Co-inventor on two patents, remote throttle and scooter securement system Integrate mobility equipment into vehicle lines, regular production accessories/options, etc. Develop quality system for Mobility Craftsman Upfitter program, manage GM/upfitter relationships Develop mobility show cars, define content and manage process Develop GM Mobility press kit, co-authored, define vehicle/equipment content, set-up vehicle photo shoot Develop gmmobility.com website, mobility advisor and upfitter database tools, transfer techniques, etc. Research seniors and people with disabilities demographic data, population size, income, etc. Develop UAW/GM Paragon Project, perform joint mobility clinics with seniors and people with disabilities Represent GM Mobility Marketing to the VDP (vehicle development process) Develop OnStar text based vehicle solution; TTY, 2.5mm in vehicle jack, etc. Develop draft charters, market segment specifications and vehicle technical specifications for mobility market Develop vehicle loan program for rehab centers, hospitals and mobility Upfitters Expert witness on behalf of General Motors Corporation

SAE – ADSC (Adaptive Devices Standards Committee) June 1999 to February 2009 Chairman

Develop standards, recommended practices and information reports for mobility adaptive devices o Wheelchair Securement, structurally altered vehicles, high tech driving systems, hand controls, etc.

Identify new projects and develop plans for completion o Define agenda, organize/attend/participate in committee meetings

Publish SAE information, recommended practices and standards documentation for adaptive devices Work with government agencies to promote the use of SAE ADSC standards and guidelines Committee member and Ad Hoc committee chair since 1996

GM Presidents Committee for Persons with disabilities June 1995 to November 2004

Co – Chair (June 1999) – committee name change to Affinity Group for Persons with Disabilities Offer input to GM on issues that impact PWD – Mobility Subject Matter Expert (SME) Organize/attend monthly meetings and conferences, identify areas of focus Define projects; assign sub-committees, report-out on solutions, etc. Define current regulatory requirements for emergency evacuation procedures for PWD and compare to corporate strategic

plan, make recommendations for improvement Define current regulatory requirements for accessible parking and compare to GM facilities template, make

recommendations for improvement – beyond ADA where necessary Determine floor covering, doors, floor transitions, common area regulatory requirements and develop best practices for

compliance for building renovation and new building development Determine regulatory requirements for accessible transportation (shuttle bus, etc.) and develop accessible transportation

strategy for GM Tech Center and determine compliance strategy for all GM facilities



Determine regulatory requirements for OnStar interface for persons who are deaf and develop strategic plan for compliance Appointed Engler/Granholm gubernatorial transition team for employment issues of persons with disabilities Develop mentoring, co-op and intern programs for students with disabilities

Dynamometer Laboratory Supervisor January 1997 to June 1999 GMPT Willow Run Plant GM Powertrain Labs Ypsilanti, Michigan

Manage and supervise 3 shift – 7day/week operation of approximately 50 salaried/contract employees Lead project teams between lab, engineering and skilled trades, Institute GM Powertrain quality system Identify lab deficiencies, develop plans, prioritize projects and implement improvements Determine root cause for powertrain and/or facility failures

Development Engineer January 1995 to December 1996 GMPT Willow Run Plant Advanced Engineering – Transmissions

Part failure analysis: determine root cause, define changes/updates and implement to improve product Lead build activities, order/track parts, supervise builds, interface with engine group on product issues Perform quality inspections; determine tolerance stack concerns, part quality, etc

National Certified Automotive Technician 1981 to 1986 Ann Arbor, Michigan Gary’s Honda Service Independent Honda car Repair Facility

Owned and operated, specialized in engine/transmission overhauls Diagnose/repair/replace: brakes, suspension, performance, exhaust, AC, etc. Chief cook and bottle washer – service manager, service writer, lead technician, accountant, parts manager, etc.

National Certified Automotive Technician May 1980 to October 1980 Northwest Auto Honda Automobile Dealership

Northglenn, CO

Specialized in unit repair – engine/transmissions Additional areas of expertise: emissions, brakes, suspension, performance, exhaust, AC, etc. Emissions certified, adjust, repair, new vehicle certification

National Certified Automotive Technician 1977 to 1980 Howard Cooper Honda/VW Honda Automobile Dealership

Ann Arbor, MI

Specialized in unit repair – engine/transmissions Additional areas of expertise: emissions, brakes, suspension, performance, exhaust, AC, etc. Developed dealership repair facility layout, hoist locations, unit room, parts department, etc. Dealership liaison to Honda Automobile Corporation; warrantee work evaluations, etc.



Legal Experience: Bernstein Law Group Class Action Lawsuit Detroit Metro Airport ADA Subject Matter Expert 2008 – Present State of Michigan (defendant) GM Building Detroit, MI 2013 Geffen Law Group Personal Injury Lawsuit LACMTA ADA Subject Matter Expert 2010 – Present Disney Corporation Personal Injury Liability ADA Subject Matter Expert October 2006 General Motors Corporation Product Liability ADA Subject Matter Expert 2002-2003 Personal Information:

Ann Arbor Center for Independent Living (CIL) January 2003

Elected to Board of Directors Four-Year Term Knights of Columbus Council 8989 1999 to 2004 Elected officer – recorder Governor Jeb Bush and Governor Charlie Crist December 6, 2006 (2 year Term) Appointed Commissioner Transportation Disadvantaged Commission State of Florida

Experienced in: Word, Excel, Project, PowerPoint, Viseo, Access and other office related tools

Regulatory Subject Matter Expert; ADA, ABA, DOJ/DOT/FTA title II/III, FRA, various federal and state and local codes and

laws Personal Awards:

Summit on Diversity Washington DC 2000 Corporate Fellow Award National Business and Disability Council New York, NY 2000 Employee of the Year (Silver Award)



General Motors Corporation Detroit, MI 2002 daVinci Award Recipient (for GM Mobility Center and Mobility Engineering) General Motors Corporation Detroit, MI 2003 Star Award Recipient (for Affinity Group for Persons with disabilities) The University of Michigan's Council for Disability Concerns 2008 Neubacher Award recipient Personal References:

Ken Tregenza Past Chair Affinity Group for People with Disabilities Ken is also a disability-marketing subject matter expert GM Human Resources - Retired

(248) 651-4587 (home) Professor Bruce Karnopp Department of Mechanical Engineering University of Michigan (734) 761-8443 (H)

James Borgerson General Motors Corporation Advanced Power Transfer Willow Run Plant, GMPT (734) 913-0835 (H)

Paul Ulrich General Motors Corporation -retired Manager Paragon Project (248) 394-1119 (H) Mike Blau The Bernstein Law Firm 31100 Northwestern Highway Farmington Hills, MI 800.588.7129 Note: Additional references upon request



ADA Assessment and Evaluation: Purpose: The purpose of this report is to summarize and document the findings of an accessibility assessment and evaluation performed at the McNamara Terminal of the Detroit Metropolitan Airport (DTW) pursuant to the lawsuit filed by Michael Harris, et al., against Wayne County Airport Authority (Case No. 2:14−cv−13630−DML−RSW) for ADA Accessibility Violations. Michael Harris (plaintiff) is the executive director of Michigan Paralyzed Veterans of America and is a person who has a disability and is a full-time wheelchair user. Karla Hudson is the co-plaintiff and a resident of East Lansing and is a person who is blind.

This case arose as a result of DTW’s forced relocation of the bus boarding/de-boarding location of AirRide/Michigan Flyer public transportation buses and SMART public transit buses from curbside at the terminal’s International Arrivals area, to the far south end of the Ground Transportation Center located over 600 feet away, in the parking garage across the road.



Figure 1

Figure 1 above, illustrates a side view of the change in locations in terms of overall distance from the McNamara Terminal to the new bus stop location and the relationship between the former bus stop location and the new bus stop location. Figure 1 is used for illustration purposes and is drawn roughly to scale. Note that the bridge walk is actually below the upper access road, but is shown above it in this diagram. Results captured by this assessment were compared to all applicable federal, state and local accessibility codes and requirements to identify areas of non-compliance and recommendations for improvement. Methodology: Research for this preliminary report included a Sept. 24, 2014, on-site physical accessibility evaluation of the McNamara Terminal’s curbside International Arrivals area and the Ground Transportation Center (GTC) located in the parking garage adjacent to the terminal. The paths of travel between each bus stop location, former location and the new location, were assessed and evaluated as well as the airport facilities found at each location. Basic evaluation tools were used for this assessment and evaluation: measuring roller, digital camera, digital video camera, voice recorder and computers. All linear measurements were taken a minimum of two times to ensure accuracy. Exhibits/pictures included in this report were prepared at authors request by Stoney Point Communication of Haslett, MI. An index of all exhibits/pictures listing dates and place when photo was taken was also requested and will be available to the court as needed.



Problems/Findings: The major findings indicate there are many accessibility-related (ADA) compliance violations with the new bus stop location. The new location that DTW assigned to public transit buses is at the furthest end of the Ground Transportation Center while the former bus stop location was centrally located in the McNamara Terminal. While assessing and evaluating the former bus stop location, no accessibility-related (ADA) issues were found. In fact, the former bus stop location was about as centrally located, safe, accessible, compliant and convenient as possible for public transportation passengers. By contrast, the assessment and evaluation of the new bus stop location identified numerous accessibility-related (ADA) compliance violations, not to mention, horrible treatment of passengers who want and need to benefit from public transportation. The accessibility-related (ADA) compliance violations did not exist at the former, fully accessible location for the bus stop, at curbside, directly outside the International Arrivals area of the McNamara Terminal. Statutory Background: Americans with Disabilities Act (ADA) The Americans with Disabilities Act of 1990 (ADA) (42 U.S.C. 12101 et seq.) extends to individuals with disabilities comprehensive civil rights protections similar to those provided to persons on the basis of race, sex, national origin, and religion under the Civil Rights Act of 1964. Title II of the ADA, which became effective on January 26, 1992, prohibits discrimination on the basis of disability in services, programs and activities provided by State and local government entities, and the National Railroad Passenger Corporation (Amtrak). Section 202 of the ADA extends the nondiscrimination policy of section 504 of the Rehabilitation Act of 1973, as amended, (29 U.S.C. 794) which prohibits discrimination on the basis of disability in federally assisted programs and activities to all State and local governmental entities whether or not such entities receive Federal funds. Most programs and activities of State and local governments are recipients of financial assistance from one or more Federal agencies and are already covered by section 504 of the Rehabilitation Act of 1973. Title III of the ADA, which also became effective on January 26, 1992, prohibits discrimination on the basis of disability by private entities who own, lease, lease to, or operate a place of public accommodation. Title III establishes accessibility requirements for new construction and alterations in places of public accommodation and commercial facilities. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. An individual with a disability is defined by the ADA as a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. The ADA does not specifically name all of the impairments that are covered. ADA Title II: State and Local Government Activities Title II covers all activities of State and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services, and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting, and town meetings).



State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision, or speech disabilities. Public entities are not required to take actions that would result in undue financial and administrative burdens. They are required to make reasonable modifications to policies, practices, and procedures where necessary to avoid discrimination, unless they can demonstrate that doing so would fundamentally alter the nature of the service, program, or activity being provided.

ADA Title III: Public Accommodations Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation, and commercial facilities. Public accommodations are private entities who own, lease, lease to, or operate facilities such as restaurants, retail stores, hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers, and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by title III. Public accommodations must comply with basic nondiscrimination requirements that prohibit exclusion, segregation, and unequal treatment. They also must comply with specific requirements related to architectural standards for new and altered buildings; reasonable modifications to policies, practices, and procedures; effective communication with people with hearing, vision, or speech disabilities; and other access requirements. Additionally, public accommodations must remove barriers in existing buildings where it is easy to do so without much difficulty or expense, given the public accommodation's resources. Courses and examinations related to professional, educational, or trade-related applications, licensing, certifications, or credentialing must be provided in a place and manner accessible to people with disabilities, or alternative accessible arrangements must be offered. Commercial facilities, such as factories and warehouses, must comply with the ADA's architectural standards for new construction and alterations. Rehabilitation Act The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of the Americans with Disabilities Act. Section 504 Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance or is conducted by any Executive agency or the United States Postal Service. Each Federal agency has its own set of section 504 regulations that apply to its own programs. Agencies that provide Federal financial assistance also have section 504 regulations covering entities that receive Federal aid. Requirements common to these



regulations include reasonable accommodation for employees with disabilities; program accessibility; effective communication with people who have hearing or vision disabilities; and accessible new construction and alterations. Each agency is responsible for enforcing its own regulations. Section 504 may also be enforced throughprivate lawsuits.

Architectural Barriers Act The Architectural Barriers Act (ABA) requires that buildings and facilities that are designed, constructed, or altered with Federal funds, or leased by a Federal agency, comply with Federal standards for physical accessibility. ABA requirements are limited to architectural standards in new and altered buildings and in newly leased facilities. Americans with Disabilities Act of 1990 42 U.S.C. §§ 12101 et seq. Implementing Regulations: 29 CFR Parts 1630, 1602 (Title I, EEOC) 28 CFR Part 35 (Title II, Department of Justice) 49 CFR Parts 27, 37, 38 (Title II, III, Department of Transportation) 28 CFR Part 36 (Title III, Department of Justice) 47 CFR §§ 64.601 et seq. (Title IV, FCC) Architectural Barriers Act of 1968 42 U.S.C. §§ 4151 et seq. Implementing Regulation: 41 CFR Subpart 101-19.6 Section 504 of the Rehabilitation Act of 1973, as amended 29 U.S.C. § 794 Over 20 Implementing Regulations for federally assisted programs, including: 34 CFR Part 104 (Department of Education) 45 CFR Part 84 (Department of Health and Human Services) 28 CFR §§ 42.501 et seq. Over 95 Implementing Regulations for federally conducted programs, including: 28 CFR Part 39 (Department of Justice) Section 508 of the Rehabilitation Act of 1973, as amended



Assessment of Former Bus Stop Location; International Arrivals

Exterior of the area

Access to Terminal. The bus stop for public transportation is located on a broad sidewalk area to accommodate numerous passengers and is approximately 50 feet from automated doors that open to the terminal interior. The former bus stop location enabled passengers to wait inside a climate controlled space for the bus to arrive and minimized the time a passenger was exposed to the outside elements and exhaust fumes from the buses and vehicular traffic.

Note curb that provides grade

separation between vehicular

traffic and passengers on the

sidewalk



View from Bus board/alight area looking into the terminal waiting area

Former waiting area and bus stop location accessibility amenities. The former waiting area was safe, monitored and patrolled by security/police/TSA/etc., well lit, climate controlled, accessible to airport assistance providers, accessible communications (audio/visual), accessible restrooms, accessible telephone access, etc.



View from International Terminal Entrance to Former Bus board/alight area

Safety: Curbs provide grade separation between bus and other vehicle traffic and the pedestrian sidewalk area. There was adequate room for public transit buses to deploy the wheelchair lifts when needed at the curb and on the sidewalk.

Sidewalk Surface: The sidewalk used as the board/alight area was accessible and compliant.

Seating. Accessible seating was available for those who choose to wait outside in mild weather.

Entrance to the Terminal: Automated actuated power doors are located at the terminal entrance.



Service Animal Relief Area Outside of the International Terminal

Service Animals. A designated Service Animal Area is within one minute’s walk of

the former bus stop location. Interior International Terminal Area – Former Bus Stop Waiting Area

The former waiting area enabled passengers with a disability to minimize the amount of time they may be exposed to dangerous exhaust fumes from the buses and vehicles. Exposure to exhaust fumes can be a severe impact for those individuals who have a respiratory related disability and could alone preclude them from participating in and benefitting from, the use of the public transportation system. In addition, the former bus stop waiting area provided the following benefits; Shelter from Weather. Inside within 50 ft. of the bus stop is a spacious, climate-

controlled waiting hall.

Visibility. The large windows of the International Arrivals waiting hall provide a direct sight line to buses as they pulled up to the curb outside.

Seating. Ample and accessible seating is available for a large number of travelers.

Restrooms. Accessible restrooms are conveniently located within the same waiting

hall, along with a drinking fountain. Interior International Terminal Area – Former Bus Stop Waiting Area



Airport Access. The elevators and escalators to the Baggage Claim, Ticketing, and

Check-In areas of the McNamara Terminal are nearby.

Telephones. The bank of telephones in the waiting area offers an accessible phone.

Passenger Assistance. An information desk staffed by DTW ambassadors is nearby to assist travelers in need. Prospect Airport Services, Inc.—which provides wheelchair assistance, unaccompanied minors escort service, electric cart drivers, baggage help, language interpreters, and other essential services—is directly above this location accessible by elevator.

The interior of the International Arrivals area used as the former bus stop waiting area meets all ADA requirements and provides numerous accessible passenger amenities.



Assessment of New Location: Ground Transportation Center

Plan View

Distance between bus stop and terminal. Approximately 700 feet/250 yards separate McNamara Terminal from the bus stop in the Ground Transportation Center, which is located in the parking ramp across an access road. The Air Carrier Access Act requires airport facilities to provide accessible accommodations at the airport, including at the ground transportation facilities.

Sec 10.4 of the ADA Accessibility Guidelines applicable to airports requires that “Elements such as ramps, elevators or other vertical circulation devices, ticketing areas, security checkpoints, or passenger waiting areas shall be placed to minimize the distance which wheelchair users and other persons who cannot negotiate steps may have to travel compared to the general public.” DTW’s relocation of the stop to the most remote possible area of the GTC effectively maximizes the distance that persons with disabilities must travel in order to reach airport facilities.



Exterior Area, View Looking at the New Bus Stop Board/Alight Area, Last Bus on Right

Terminal Access. The new location for public transportation buses is 600 feet/200

yards from the nearest accessible entrance to the Ground Transportation Center at Door 402. Note the number of buses and amount of exhaust emissions created in this area.

Exterior Area Leading to the New Bus Stop Board/Alight Area

The long, narrow sidewalk between the bus stop and GTC is often inaccessible for persons with disabilities due to passengers crowding to board shuttle buses operated by charter companies and shuttles operated by car-rental agencies.



Exterior Area Leading to the New Bus Stop Board/Alight Area

The narrow sidewalk is at the same grade as the vehicular traffic, no grade

separation. Exterior Area, Vertical Access to Terminal and Parking Area

This elevator—which takes passengers up to Level 6 of the parking ramp, where they can access the bridge walk to the terminal—is roughly midway between the new public transit stop to the north, and Door 402 to the south or approximately 300 feet/100 yards.



Exterior Area, View from Vertical Access to GTC and Door 402

Interior Area, Leading out of Terminal, Path of Travel to New Bus Stop

Near Door 402, the revolving doors of the GTC do not provide the equivalent accessibility found at the former bus stop location and are located on a non-compliant ramp that exits onto a narrow sidewalk that is too narrow for passengers who use a wheelchair



Exterior Area, outside rotating door, ramp with excessive slope and narrow sidewalk

This forces passengers who use a wheelchair to cross over the yellow detectable warnings and into the roadway in order to traverse from Door 402 to the new bus stop (public transportation) location.

Exterior Area Adjacent to the New Bus Stop Board/Alight Area

Note the number of passengers waiting outside of the small shelter and lack of

adjacent vertical access (no elevator).



New Bus Stop Shelter

Bus Stop Shelter. Current shelter is not accessible and is non-compliant. The new location of the bus stop and the new shelter do not provide access that is equal to the access that was provided at the former bus stop and waiting area location. The new bus shelter is required to be accessible and must be corrected but this would not correct the ADA deficiencies found at the new bus stop location or make the new bus stop location accessible and/or compliant.

There are two small similar shelters at the new bus stop location that DTW has designated for public transit. Neither is accessible or compliant.




Both shelters are equipped with a 1500-watt ceiling-mounted heating element of limited effectiveness in cold/inclement weather.

Both shelters are exposed to the weather on one side. On the other side, often-heavy vehicle traffic exposes waiting passengers to extreme levels of vehicular exhaust. Smoking is permitted throughout this entire outdoor location.


Seating. The only seating near the bus stop is inside the two small shelters, each of

which can accommodate a maximum of six adults.



Exterior Area, new Bus Stop Area

Safety. DTW officials designated two parking spots for public transit buses next to

the curb in the GTC, and a third space right next to them for charter buses in a painted-off section of an active lane of traffic. When the two spaces are occupied by public transit buses, and a charter bus parks in the third space in the active traffic lane next to them, charter passenger passengers must get on and off between buses without a safe and accessible route between the buses. Each parked bus could move without warning—a hazardous situation for any/all passengers, especially for passengers who have a disability. Passengers who need access to a charter bus must cross in front and back of the public transit buses in order to reach the charter bus or to reach the pedestrian sidewalk. Moreover, a bus in the third space cannot deploy its wheelchair lift because there is far less than the required clearance between parked buses making the space non-compliant. Also, DTW placed concrete barriers between the third space and the other two. With or without barriers, there is not enough room between the spaces designated for public transit and charter buses to ensure passenger safety, accessibility and compliance with the ADA.



Exterior Area, North board/alight Area

A similarly hazardous situation exists at the opposite (north) end of the McNamara

Terminal Ground Transportation Center, where shuttle buses operate. Note that DTW instructs them to operate in this manner—parking two and sometimes three deep. To get to or from their respective buses, passengers must walk between other operating vehicles and there is not the required clear space to board/alight a passenger who needs access to the onboard lift/ramp.



Exterior Area, Rental Car Shuttle Area

Throughout the Ground Transportation Center there are no curbs separating buses

and other vehicles from pedestrians—only yellow detectable warnings. Numerous instances of buses and shuttles driving onto the pedestrian area of sidewalk to load and unload passengers were witnessed. This is a particularly dangerous situation for people with disabilities.

The issue of a lack of accessible route to the rental car shuttle areas was also successfully argued in the previous lawsuit;

DEBORAH THOMAS, JAMES KESKENY, JILL BABCOCK, MARTIN DROUILLARD, & EMMA DANIELS, plaintiffs v. NORTHWEST AIRLINES CORPORATION/DELTA and WAYNE COUNTY AIRPORT AUTHORITY, defendants, Case No. 08-11580HON. GEORGE CARAM STEEH

o In this case, it was successfully argued that the accessible route was not from the GTC to the

bus board/alight areas on the 4th floor but rather on the 6th floor where the moving walkaways are located and vertical access is provided at several locations. The accessible route on the 6th floor is protected from the outside elements, provides grade separated path of travel from the vehicular traffic and also separates the passengers from the exhaust emissions. As part of the previous settlement agreement, Delta/WCAA decided to turn the moving walkways off rather than make the path of travel accessible by creating the required stable/firm/slip resistant surface (non-moving) required under the ADA. However, the accessible route on the 6th floor is not accessible to the new bus stop board/alight area due to the excessive distance from the closest vertical access and would therefore not be an option for the new public transportation bus stop location.



Exterior Area, Public Transportation and Charter Bus Area

The DTW-designated stop for charter buses is in the active traffic lane in the center of this photo. The two spaces designated for transit buses are to the right, where a Blue Lakes charter bus and a school bus are parked curbside in this photo. Note the traffic flow beyond the school bus which would lead to the closest vertical access element to the new bus stop location.




A view of the new public transit location looking north from the parking area toward the accessible Door 402 entrance to the GTC, 600 feet/200 yards distance.




Note the crosswalk between buses that passengers must navigate, with one bus in an active traffic lane on the other side of the barrier. Also note the crosswalk where passengers must cross between buses and lack of clear space as required to deploy a lift/ramp.

Service Animals. There is no designated area for Service Animals in the GTC.

The closest Service Animal area is at International Arrivals, the former public transit location.



Interior Space, GTC

Shelter from Weather. Inside Door 402 there is a climate-controlled waiting area in

the Ground Transportation Center. However, it is not practical for public transit passengers to use this waiting area because it is 600 foot/200 yards away from the new bus stop.

Revolving door between GTC lobby/waiting area and public transit location was not working on this recent occasion, as has been common place in the past.

Visibility. Zero. The bus stop cannot be seen from the waiting area inside Door 402—nor from the sidewalk outside of it—because there are 600 feet/200 yards and several stops for rental car shuttles and charter buses in between, as well as shelters for their passengers.

Seating. While there is seating for 32 people in the GTC lobby/waiting room near

Door 402, it is too remote from the public transit stop to be of any practical use to passengers waiting for public transportation.



Interior Space, Door 402 is designated by DTW for access to the public transit stop

Interior Space, designated by DTW for access to the public transit stop

Restrooms. The nearest restrooms to the new public transit bus stop are

approximately 675 feet/225 yards away inside the GTC (80-90 feet from Door 402).



Interior Space, Looking down at GTC Lobby and access to the public transit stop

Airport Access. Once inside the GTC, passengers must take an escalator or elevator up to Level 6 of the parking ramp in order to access the bridge walk to the terminal.

Interior Space, Inside Elevator to Access Walkway/Terminal



Interior Space, Path of Travel

In order to reach one of the GTC elevators, passengers with disabilities must negotiate a U-turn in a narrow hallway. This elevator is close to Door 402 inside the Ground Transportation Center.



Interior Space, Moving Walkways on 6th Level (disabled due to previous settlement)

This photo shows a 300 foot/100-yard indoor path to a second elevator. The terminal end of walkway is in the foreground, and in the distance is an elevator down to the GTC, where it is approximately midway between Door 402 and the new public transit stop.

Telephones. The closest public phones available for public transportation

passengers are more than 200 yards away, inside the GTC.

Passenger Assistance. For wheelchair assistance from Prospect Airport Services, Inc., signs on the small shelters near the new GTC stop instruct passengers to phone 734-247-2400.



Conclusions Detroit Metropolitan Airport, which has a history of ADA violations, has created numerous new ADA violations with its current actions and relocation of the former bus stop from a perfectly accessible location to a location that is inaccessible to even those passengers who don’t have a disability; seniors, moms/dads with small children/baby carriages, anyone who has distance related issues and anyone who should not be exposed to extreme exhaust emissions for extended periods of time. By relocating the public transportation buses from curbside at the McNamara Terminal’s International Arrivals Area, to the far end of the Ground Transportation Center in the parking garage and across the road, the WCAA has discriminated against passengers with a disability and placed public transportation in the most remote and segregated area still within the terminal facility. If the ADA did not exist and WCAA just wanted to move the public transportation stop to the new location, the decision would impose incredible hardship and poor customer service on the airport passengers who wanted to use public transportation given the following deficiencies; length of path of travel, the lack of security at the new location, the exposure to the

outside elements, exhaust fumes from numerous diesel and gas vehicles, lack of accessible route, lack of accessible vertical access (elevators adjacent to the bus stop), lack of accessible restrooms (over 1400 foot roundtrip from the new bus stop to accessible restrooms or approximately 1/4 mile) and lack of grade separation from buses that often run beyond the detectable warnings and come in close proximity to passengers waiting for a bus. However, due to the ADA, the new bus stop location goes well beyond just imposing a hardship or poor customer service on passengers who don’t have a disability but also violates the ADA, a civil rights law that prevents this type of discrimination from occurring. The ADA protects people with a disability from entities, both public and private, that choose to create separate and unequal services, segregated services and policy and procedures that create disparaging treatment for a person based on their disability.

Based on findings of the ADA assessment, under title II of the 2010 DOJ ADA, the Rehabilitation Act of 1973, the relocation of the public transportation bus stop has violated the following ADA civil rights requirements; Section 504 of the Rehabilitation Act of 1973, as amended The Rehabilitation Act prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. The standards for determining employment discrimination under the Rehabilitation Act are the same as those used in title I of the Americans with Disabilities Act.

Section 504 Section 504 states that "no qualified individual with a disability in the United States shall be excluded from, denied the benefits of, or be subjected to discrimination under" any program or activity that either receives Federal financial assistance The relocation of the public transportation bus stop to the new location is a violation of Section 504 and excludes qualified individuals from benefits of, or be subjected to discrimination based on the changes to the new location including but not limited to; the accessibility deficiencies outlined in this report and lack of equivalent accessibility when compared to the former public transportation bus stop location.



Chapter 2: Alterations and Additions Prohibited Reduction in Access

1. New construction requirements also set the baseline for any alteration that would effectively reduce existing accessibility. Alterations that reduce accessibility below the level that would be required in new construction are prohibited. Reductions in access are allowed only where, and to the extent that, the minimum level required in new construction is exceeded.

a. The former bus stop was accessible and compliant while the new bus stop location has numerous ADA deficiencies and barriers to equal access including, but not limited to; A space that was safe, inside the terminal, centrally located, shortest route to the terminal and to public transportation, monitored and patrolled by security/police/TSA/etc., well lit, climate controlled, accessible to airport assistance providers, accessible communications (audio/visual), accessible restrooms, accessible telephone access, close proximity to service animal relief area, etc.

2. Alterations to a main program area that adversely impact access and compliance.

a. Access to the main program area has been severely impacted by the move from the former bus

stop location, to the new bus stop location. Adverse impacts and ADA compliance violations include but are not limited to;

Path of travel to the new bus stop location is not accessible, is excessive in length, open to the outside elements, not climate controlled, not grade separated from vehicular traffic, has excessive vehicular emissions that would adversely impact a passenger with a disability that has a respiratory disability, places a passenger who is blind or vision impaired at elevated risk of injury or worse due to close proximity to congested busway and vehicular traffic without grade separation and noise filled environment (lack of independent wayfinding ability), etc., small bus shelters that even when made accessible would not provide equal access when compared to former waiting area and bus stop location, lack of any form of effective communications, lack of regular security/police/TSA/etc. monitor and patrols, lack of accessible restrooms

Accessible Path of Travel

3. When alterations are made to a primary function area, an accessible path of travel to the area must be provided. The accessible path of travel must extend from the altered primary function area to site arrival points, including public sidewalks and parking and passenger loading zones provided on the site. The path of travel also includes access to restrooms, telephones, and drinking fountains, where provided to serve the primary function area.

a. The path of travel to the new bus stop location is not accessible, is excessive in length, open to the

outside elements, not climate controlled, not grade separated from vehicular traffic, has excessive vehicular emissions that would adversely impact a passenger with a disability that has a respiratory disability, places a passenger who is blind or vision impaired at elevated risk of injury or worse due to close proximity to congested busway and vehicular traffic without grade separation and noise filled environment (lack of independent wayfinding ability), etc.

Prioritization

4. The entity is required to provide the following prioritization when evaluating alterations and/or new construction;

a. an accessible entrance b. an accessible route to the primary function area c. restroom access d. an accessible telephone e. an accessible drinking fountain f. access to other elements such as parking and storage



DTW could comply with the requirements found in chapter 2 of the 2010 DOJ ADA requirements including the prioritization requirements by simply reversing its relocation decision and moving the public transportation bus stop back to its former location. Alternatively, DTW could designate a different ADA-accessible McNamara Terminal location for the public transportation bus stop. There are several areas at DTW’s McNamara Terminal designated for bus board/alight that could also be potential locations for the public transportation bus stop:

1. The previous public transportation stop at International Arrivals, Level LL 2. The Westin Hotel – Departures, Level 3 3. Air France - International Ticketing, Level 3

None of the GTC locations is ADA-accessible today and would require significant investment to create an accessible route and space. The previous location in the International Terminal was ADA accessible and compliant and either of the other two locations listed above should be accessible alternatives but should be assessed prior to any relocation. Short Term Parking: In addition to the public transportation stop relocations issues listed in this report I experienced a very troubling problem when trying to find a parking space for my rental vehicle. I pulled into short term parking and looked for an accessible space near the GTC on the 6th level but when I drove to the area where the accessible parking is located I found many of the accessible spaces had been removed, relocated and in many cases the accessible parking spaces were still non-compliant as noted in the previous lawsuit and settlement WCAA. At a minimum, the accessible spaces and compliance to the ADA and the settlement agreement has decreased over time and gotten worse for passengers with a disability who need access to an accessible parking space. I ended up parking on the farthest location from the GTC, walkway and elevators and had to navigate between and around moving vehicles, directly in the vehicular way which was terribly dangerous and should not have been required. I would ask that under this lawsuit that WCAA be required to detail total number of parking spaces in each lot, number of required van and standard accessible spaces and their locations in each lot; short term versus long term, etc. The accessible parking at the airport 6-7 years ago was terrible and dangerous and it is disappointing at best that not only was existing non-compliance not corrected but new noncompliance created. As a result, I would suggest WCAA be required to provide drawings and details of any changes to existing accessibility for review and comment prior to implementation, to ensure additional ADA noncompliance and barriers to equal access are not created at the whims of the entity’s lack of knowledge or understanding of the ADA and our civil rights.


Attachment 1

In order to expedite the completion of this assessment, Stony Point Communications, Inc., of Haslett,

Mich., was asked to and did supply all of the diagrammatic and photographic exhibits contained herein

except as noted below.

Page Description Place/Origin Date Created

1 Aerial photo/diagram Google Maps 9‐26‐2014

11 Relocation sign McNamara Terminal, International Arrivals

9‐23‐2014

12 3D diagram, new and former location

N/A 9‐24‐2014

16 Former bus stop, exterior

McNamara Terminal, International Arrivals

9‐8‐2014

17 Former waiting area McNamara Terminal, International Arrivals

9‐23‐2014

18 Former bus stop, exterior

McNamara Terminal, International Arrivals

9‐23‐2014

19 Animal Relief sign McNamara Terminal, International Arrivals

9‐23‐2014

19 Waiting hall McNamara Terminal, International Arrivals

9‐23‐2014

20 Elevators McNamara Terminal, International Arrivals

9‐23‐2014

21 Aerial photo/diagram Google Maps 9‐26‐2014

22 New bus stop at GTC Ground Transportation Center

9‐23‐2014

22 Congestion on sidewalk leading to new stop

Ground Transportation Center

9‐16‐2014

23 Sidewalk leading to new stop


9‐23‐2014

23 Elevator 4c in GTC Ground Transportation Center

9‐23‐2014

24 Elevator 4c in GTC Ground Transportation Center

9‐23‐2014

24 Revolving doors near Door 402 of GTC


9‐23‐2014

25 Raised ramp outside revolving door, GTC


9‐23‐2014

25 Passengers waiting at new stop in GTC


9‐23‐2014

26 Person in wheelchair in GTC shelter


9‐15‐2014 Michigan


Developmental Disability Council

27 Heating element in GTC shelter


9‐15‐2014 Michigan Developmental Disability Council

27 Seating at new bus stop


9‐23‐2014

28 New bus stop area, annotated photo


9‐16‐2014

29 Shuttle buses, north GTC


9‐23‐2014

30 Rental car shuttles Ground Transportation Center

9‐23‐2014

31 New GTC stop, charter bus space


9‐23‐2014

32 New GTC stop as seen from north


9‐23‐2014

33 Crosswalks at new GTC stop


9‐23‐2014

34 Indoor waiting area near GTC Door 402


9‐23‐2014

35 GTC Door 402 Ground Transportation Center

9‐23‐2014

35 GTC restroom entrance


9‐23‐2014

36 Elevator/stairs to GTC lobby/waiting room


9‐23‐2014

35 GTC elevator panel Ground Transportation Center

9‐23‐2014

36 U‐turn in GTC path of travel


9‐23‐2014

38 Disabled moving walkway, Level 6


9‐23‐2014


Attachment 2

September 28, 2014

STATEMENT OF GARY TALBOT

Re: Harris et al v. Wayne County Airport Authority

I submit the following statement regarding my compensation in connection with service as an

expert in this matter: I have waived my fee for all services rendered and my sole form of

compensation for my services is the reimbursement of travel expenses to conduct the site visit,

and potentially testify in Federal Court.

________________________

Gary Talbot


Documents

Attorneys for Plaintiffs Attorneys for Defendant...Work to define accessibility requirements for future revenue railcars; PRIAA 305, etc. Evaluate accessibility of existing revenue