REGION V 200 West Adams Street

Illinois, Indiana, Suite 320

Michigan, Minnesota, Chicago, IL 60606-5253
Ohio, Wisconsin 312-353-2789
312-886-0351 (fax)

November 17, 2022

Mikel Oglesby
Executive Director of Transit
Detroit Department of Transportation
100 Mack Avenue
Detroit, MI 48201

Dear Mr. Oglesby:

It has come to our attention that the Detroit Department of Transportation’s (DDOT) contract to provide
paratransit service as required under the Americans with Disabilities Act (ADA) is expected to expire at
the end of the calendar year, and there is a danger that the Detroit City Council may not approve a new
contract prior to that time. Please be advised that DDOT has an obligation, both directly as a public
entity and as a recipient of Federal funding, to ensure that ADA paratransit service continues
uninterrupted.

Under U.S. Department of Transportation (DOT) regulations implementing the transportation provisions of
the ADA at 49 CFR Parts 27, 37, 38, and 39, all public entities operating a fixed route system of public
transportation (bus and rail) are obligated to provide paratransit as a complement to such system to persons
whose disabilities prevent the use of the fixed route system. This requirement is codified at 49 CFR §37.121
and applies regardless of any Federal funding. Further, 49 CFR §27.19(a) requires compliance with this
provision as a condition of continued eligibility for receipt of Federal funding. So long as the fixed route
system continues to operate, complementary paratransit must be provided according to the service criteria
enumerated in 49 CFR §37.131.

Failure to ensure continued seamless operation of DDOT’s ADA paratransit system would expose DDOT
to the potential for enforcement activities by FTA and DOT, up to and including loss of Federal funding.
In addition, the U.S. Department of Justice retains independent authority to investigate failure to
comply with ADA requirements under any other Federal agency’s jurisdiction, without referral from such
agencies. Finally, aggrieved individuals have an independent right to seek corrective actions through the
judiciary system, exposing DDOT to the possibility of private litigation.

We trust that DDOT and the City Council will take the appropriate steps necessary to ensure that its
paratransit system continues to operate smoothly through this transitional period.

Sincerely,

Kelley Brookins
Regional Administrator