Hawaii County has embarked upon a two-year plan to improve services for those disabled individuals who can’t ride the Hele-On public bus system.
The paratransit plan, which will cost about $800,000 the first year, is part of a 20-page settlement agreement signed Aug. 13 by U.S. District Judge Leslie E. Kobayashi in Honolulu after the county was sued for not complying with the federal Americans with Disabilities Act.
Maui resident Ed Muegge filed the lawsuit claiming he was denied equal access to the transit system because he uses an electric scooter. He said he needs public transportation to get from Kona International Airport to Uncle Billy’s Kona Bay Hotel on Alii Drive when he comes to visit friends in Kailua-Kona.
In addition, Muegge, a frequent filer of ADA lawsuits, will receive $10,000 in the settlement. His Honolulu attorney, Lunsford Phillips, will receive $30,000, with another $5,000 available for follow-up and monitoring work.
“We believe the settlement is reasonable and avoids significant risk for the county,” Corporation Counsel Molly Stebbins said Tuesday.
“It’s hard to say what the costs will be at this point,” Mass Transit Administrator Tiffany Kai said Tuesday. “We’re looking at approximately $800,000. Once we get that started, we’ll have a better idea.”
The county is currently seeking a consultant to create a mass transit master plan, which could cost $500,000 to complete.
Puna Councilman Dan Paleka, chairman of the council Public Safety and Mass Transit Committee, said the needs of elderly and disabled riders are definitely a part of that plan.
“We’re meeting with stakeholders, and there will be opportunities for public input,” Paleka said Tuesday. “I’m confident it will be a good plan going forward.”
The settlement requires the county to have a paratransit system in place within two years that operates during the same days and hours as the fixed route system for passenger pickups and dropoffs within one mile of the fixed route. Fares for a trip charged to an ADA paratransit eligible rider and attendant will be twice the fare that is charged to individuals paying full fare for a similar trip on the fixed route system. Full fare is currently $2 each way.
Currently, Hele-On buses are described as accessible, but some riders who use the scooter-style mobility devices have found it difficult to fit in the aisles of some buses.
The county will conduct an eligibility determination process that strictly limits eligibility for paratransit services to individuals who are not able to use the accessible fixed route services because of a disability, under the agreement.
“It’s not like they’re doing anybody any favors. It’s long overdue,” Phillips said Tuesday. “I think it’s a promising sign that the county mass transit agency has submitted to implementing a far better paratransit system than it currently has. (But) the proof will be in the pudding.”
The state Department of Transportation is monitoring the remediation of the Hele-On bus system for compliance with the ADA. The county is required to provide quarterly update reports on the progress of 15 remedial actions.
The Americans With Disabilities Act, passed in 1990, outlaws discrimination against people with disabilities and sets out detailed guidelines for making public places accessible for them. Phillips said it’s especially egregious when governments such as Hawaii County accept federal funds for transportation services and then deny equal access to disabled travelers.
It’s by no means the first time Muegge has settled cases following ADA complaints. Phillips, who said Muegge is a 100 percent disabled veteran, said his client files lawsuits out of personal frustration with access restrictions and for the public cause of improving access for those with disabilities.
Last year, Muegge was one of the lead plaintiffs winning a $5.4 million settlement in a class-action federal lawsuit against Taco Bell Corp. after accusing the fast-food restaurant of violating the ADA in Santa Rosa, Calif., by imposing architectural barriers to diners in wheelchairs and scooters.
Also last year, Muegge settled with Aqua Hotels and Resorts Inc. and its member hotels for damages of $50,000 plus attorneys’ fees and a remediation plan because many of the hotels in the chain did not have any fully accessible guestrooms.
In 2013, Chief U.S. District Judge Susan Oki Mollway ruled that Muegge had no cause for action as a private citizen to require Wal-Mart Stores Inc. to pay a fine to the state’s general fund for not having a sign depicting the handicapped aisle near a handicapped parking space at its Kihei, Maui, store.
Muegge is currently suing taxi companies on Maui on ADA complaints.