Checking up on Amtrak's (lack of) ADA compliance

[Willbridge]

........................................

And the remainder of the hall of shame:
Glenwood Springs CO -- still requires assistance from an Amtrak agent across bumpy gravel, I believe
Elko NV
Harpers Ferry WV
Hazlehurst MS
Deming NM

An informed source who is regularly in Glenwood Springs messages:

Glenwood station has an elevator, all areas are paved, there is no need for any assistance from any Amtrak Personnel whatsoever in any way shape or form other than the lift to get to the train itself from the platform.

It will be awhile before I get to GSC but two hypothetical explanations come to mind:

1) There were massive construction projects done by CDOT and the city in that area that may have impacted access.

2) There may be more than one route in and out.

I really appreciate the efforts to keep this list up to date and to keep the heat on. While working for RTD (Colorado) there were several occasions where our good faith efforts to follow the ADA were negated by the state or local authorities ignoring it.

-- rwr

 

[HenryK]

I am deaf and use a service dog, and have found both ticket and OBS personnel to be extremely accommodating. Only once did I have a problem. On the Zephyr in Iowa when an overzealous conductor told us we could not go to the dining car together because people didn't want to eat with dogs. The sleeper attendant was horrified, and all the rest of the way to Emeryville the crew treated us like kings, including the other conductors. I did file a complaint after the trip, however, in order to protect other service dog teams that might encounter that particular conductor, and learned that she had been informed of the rules. I try to relieve my dog at longer station stops but the conductors will hold the train in an emergency for the dog's relief and have done so.

 

[anumberone]

Sort of curious, what breed is your service dog.

 

[HenryK]

Half mini schnauzer, half mini poodle, according to the DNA test. Hearing dogs are sometimes small terriers, often rescues picked by training organizations or their intelligence and energy. Trooper loves to travel by train and eagerly leaps aboard every time. Kind of like me.

 

[neroden]

An informed source who is regularly in Glenwood Springs messages:

Glenwood station has an elevator, all areas are paved, there is no need for any assistance from any Amtrak Personnel whatsoever in any way shape or form other than the lift to get to the train itself from the platform.

It will be awhile before I get to GSC but two hypothetical explanations come to mind:

1) There were massive construction projects done by CDOT and the city in that area that may have impacted access.

2) There may be more than one route in and out.

I really appreciate the efforts to keep this list up to date and to keep the heat on. While working for RTD (Colorado) there were several occasions where our good faith efforts to follow the ADA were negated by the state or local authorities ignoring it.

-- rwr

Thank you very much for the update on Glenwood Springs!

Last time I went through, which was quite a few years back, it did not have a reliably working elevator in the station, the paths through the station had steps at the threshold on both the street and platform sides, and the plans to fix it (replace freight elevator with modern elevator, replace steps with paved ramp) weren't funded. (Therefore the access path was a long way round through the CDOT construction site.) This remained the status in each official Amtrak update (the last of which is, again, from several years ago).

Somehow the entire project managed to get done without a single news report or press release from anyone, which is quite extraordinary IMO.

 

[neroden]

Upon further investigation, the Hazlehurst MS platform appears to be accessible, so I don't know why it's listed as not accessible. It looks like a case where all that is missing is the wheelchair lift (and it does appear that the wheelchair lift *is* missing.)

Deming is missing... um... a platform. It's boarded by stopping the train across a grade crossing and boarding through one door. Yeech. Not ADA-compliant, certainly.

Elko NV, according to Amtrak's website, now claims to have accessible platforms but no wheelchair lift. Checking on Google Street View, this seems to be correct; it looks like there are compliant ramps to the platform from the parking lot on both sides. (This was not always the case, so someone must have constructed a ramp on the Westbound side at some point. Good.) Elko is ridiculous in that you can't get between the eastbound and westbound stations without a substantial drive. Still, I don't know why they haven't put in the wheelchair lifts if that's all they have left to do.

So, if I'm correct, this is the current situation. At all other stations, you can get from the station entrance onto the train (or vice versa) in a wheelchair.

Stations which potentially need wheelchair lifts & enclosures for wheelchair lifts; are probably wheelchair-accessible except for that; and might actually be done already, but it's not clear:
Gastonia NC
Picayune MS
Crawfordsville IN
Hazlehurst MS
Elko NV

Stations which are under construction (possibly done already):
Ashland VA (platform & lifts)
Westerly RI (proper elevators)
Sanderson TX (platform)

Stations funded but not constructed:
Newark DE
Coatesville PA

The Hall of Shame:
Parkesburg PA
Downingtown PA
Latrobe PA
North Philadelphia PA (needs only staff)
Deming NM (needs a platform)
Harpers Ferry WV

When you look at this list, you can see why PA officials are getting ticked off at Amtrak. It's looking very shortchanged.

You can also see why the revised federal rule for accessibility a few years ago discouraged platform-based lifts and encouraged train-based lifts instead; the list of stations which are just missing a lift is surprisingly long and if the lifts were kept on the trains instead, this would have gone quicker. A train-based lift could even be used at Deming, NM where people board from the street without a platform. But this isn't something readily retrofittable into old train cars, and Amtrak already went with the platform lift deployment, so at this point they should just finish it.

 

[jis]

Train operator Amtrak to pay $2.25 million to settle discrimination claims

Amtrak, the U.S. passenger railroad, will pay $2.25 million to resolve civil claims by the Justice Department that it discriminated against passengers with disabilities, and agreed to fix up train stations that failed to accommodate wheelchair-bound passengers and others with limited mobility...

finance.yahoo.com

 

[neroden]

Here's the almost complete agreement. Paragraphs 12 through 16 are misnumbered, which is confusing.

Settlement Agreement between the United States and National Passenger Railroad Corporation - Amtrak

Full text of the 11/18/20 settlement agreement between the United States and Amtrak resolving accessibility of intercity railway system for people with disabilities and title ii

www.ada.gov

This... changes very little -- except that Amtrak now has to file yearly DOJ reports on its progress to see whether it's meeting milestones for catching up with its obligations. That might actually make a substantial difference.

They have until the end of 2022 to do *full* ADA assessments at every station or DOJ will go after them again.

The $2.25 million fund is for people who were unable to board or get off at a particular list of stations, which oddly does not include North Philadelphia.

There is a procedure for filing ADA complaints and Amtrak is required to handle them properly now. Hmm. I may have one to make after my next trip.

"Exhibit 1" contains the official 24 top priority stations, the ones which had severe impediments to mobility when the DOJ filed suit. Amtrak is supposed to continue to work on other stations after that (since many stations have smaller ADA problems even after it's possible to get on and off the train in a wheelchair).

This is *almost* a superset of the ones I've been listing -- some of them have largely been fixed, such as Paoli and Marshall.

The only two I've been tracking which are not on the priority list of 24 are Deming, NM and Downingtown, PA. Deming, with no platform, might still be classified as a flag stop and probably was left out of the lawsuit for that reason. Downingtown, I don't know -- it should be on the list, it's definitely inaccessible and not a flag stop.

I'm rechecking some of them, since Amtrak still hasn't listed Thurmond, WV on its website as having an accessible platform, for example. I suspect some of this is due to failure to update the website. However, it looks like Thurmond needs a new platform and Amtrak and the National Park Service have a project for that, so I guess it should go back on the unfinished list.

National Park Service - PEPC - Amtrak Accessibility Project at Thurmond Depot

web.archive.org

I also got a little ahead of myself on Middletown PA and Ardmore PA; in both cases, the current station is inaccessible but the new one is actually under construction and should open soon (August 2021 for Middletown, early 2022 for Ardmore).


Exhibit 1 stations:

​

GSC	Glenwood Springs	CO
NRK	Newark	DE
TCA	Toccoa	GA
CRF	Crawfordsville	IN
ABE	Aberdeen	MD
HAZ	Hazlehurst	MS
PIC	Picayune	MS
ELK	Elko	NV
GAS	Gastonia	NC
COT	Coatesville	PA
LAB	Latrobe	PA
MJY	Mount Joy	PA
PAO	Paoli	PA
PAR	Parkesburg	PA
PHN	Philadelphia - North	PA
TYR	Tyrone	PA
WLY	Westerly	RI
MHL	Marshall	TX
SND	Sanderson	TX
ASD	Ashland	VA
CLF	Clifton Forge	VA
ALD	Alderson	WV
HFY	Harpers Ferry	WV
THN	Thurmond	WV

 

[neroden]

Thinking a little further, Amtrak is required to complete 100% design on 15 stations per year, starting with these 24 -- but Mount Joy is constructed; Westerly, Sanderson, and Ashland are under construction; North Philadelphia doesn't need construction, only staffing; Picayune and Gastonia have definitely been through design since they were upgraded recently; Newark and Coatesville are designed; that only leaves 15 stations -- so they probably have to complete 100% design on the rest of the 24-station list by the end of 2022.

This should make PennDOT happy. Amtrak's then required to finish construction within 3 years, apart from any obstacles due to uncooperative third parties who need to grant permits. That problem shouldn't apply to the Keystone stations east of Harrisburg. This pretty much puts a hard schedule on the stations Amtrak has been delaying construction of on the Keystone route.

 

[jis]

What's wrong with Mount Joy? It has had accessible high level platforms for several years now, no?

 

[west point]

The settlement is confusing to this poster. We have often been told that Amtrak station locations are all different. As an extreme example there can be different owners for the tracks, platform, walkway to platform, station, parking lot, and street. How can Amtrak be compelled to make any or most all ADA compliant if they do not own or control those parts ?

 

[neroden]

What's wrong with Mount Joy? It has had accessible high level platforms for several years now, no?

Nothing is wrong with it. I believe the 24 station list dates from the start of the lawsuit and was not updated.

 

[neroden]

The settlement is confusing to this poster. We have often been told that Amtrak station locations are all different. As an extreme example there can be different owners for the tracks, platform, walkway to platform, station, parking lot, and street. How can Amtrak be compelled to make any or most all ADA compliant if they do not own or control those parts ?

See federal law regarding ADA responsibility. ADA responsible party can be different from owner. Owners are required to cooperate with ADA improvements and and be sued to force cooperation.

Due to the situation you note, Amtrak has analyzed the platform, station building, and parking lot as if they were three separate stations for compliance purposes, and most everyone seems to have gone along with that.

 

[Trollopian]

More on the settlement, from the Hearing Loss Association of America:

"Under the agreement, Amtrak has committed to make its intercity rail stations accessible, prioritizing stations with the most significant barriers to access. Over the next 10 years, Amtrak will design at least 135 stations to be accessible, complete construction at 90 of those stations, and have at least 45 more under construction. Amtrak will also train staff on ADA requirements and implement an agreed-upon process for accepting and handling ADA complaints."

Of special interest to HLAA's membership: "Included in this settlement is a listing of Amtrak’s provision of Passenger Information Display Systems (“PIDS”) that provide visual access to audio messages, both live and prerecorded." As anyone with hearing loss knows, "Will I hear the announcements?" is a huge extra source of stress when traveling. The PIDS help but not enough, because we don't have European-style boarding from the platform.

See Justice Department Settles with Amtrak to Resolve Disability Discrimination Across its Intercity Rail System - Hearing Loss Association of America

 

[me_little_me]

More on the settlement, from the Hearing Loss Association of America:

"Under the agreement, Amtrak has committed to make its intercity rail stations accessible, prioritizing stations with the most significant barriers to access. Over the next 10 years, Amtrak will design at least 135 stations to be accessible, complete construction at 90 of those stations, and have at least 45 more under construction. Amtrak will also train staff on ADA requirements and implement an agreed-upon process for accepting and handling ADA complaints."

Of special interest to HLAA's membership: "Included in this settlement is a listing of Amtrak’s provision of Passenger Information Display Systems (“PIDS”) that provide visual access to audio messages, both live and prerecorded." As anyone with hearing loss knows, "Will I hear the announcements?" is a huge extra source of stress when traveling. The PIDS help but not enough, because we don't have European-style boarding from the platform.

See Justice Department Settles with Amtrak to Resolve Disability Discrimination Across its Intercity Rail System - Hearing Loss Association of America

As someone that constantly has to ask "what did they say?" when hearing the announcements that sound like the old fast food speakers repeating your order, I say that is wonderful news but it is unconscionable that simple things yet inexpensive like this take so long.

 

[daybeers]

Thanks for the update! Glad issues are finally being fixed, though decades too late and at a far increased cost for Amtrak. Maybe they should've just followed the law!

 

[neroden]

Found an article about uncommitted plans to fix Latrobe, PA : Amtrak: Latrobe station upgrade could begin in 2020

So, my Mobility First status update:

Stations which potentially need wheelchair lifts & enclosures for wheelchair lifts; are probably wheelchair-accessible except for that; and might actually be done already, but it's not clear to me:
Gastonia NC
Picayune MS
Crawfordsville IN
Hazlehurst MS
Elko NV

Stations which are under construction (possibly done already):
Ashland VA (platform & lifts)
Westerly RI (proper elevators)
Sanderson TX (platform)
Middletown PA (full new relocated station)
Ardmore PA (status unclear, delayed past original opening date)

Stations funded but not constructed:
Newark DE
Coatesville PA

At least partially designed but funding not committed:
Latrobe PA
Downingtown PA (station to be relocated)

The Hall of Shame:
Parkesburg PA
North Philadelphia PA (needs only staff)
Deming NM (needs a platform)
Harpers Ferry WV

 

[neroden]

So, status update:
Gastonia NS appears to be done and is listed as accessible on Amtrak's website.
Likewise Picayune MS, and there are some grand opening announcements from late last year.
Likewise Hazlehurst MS. Yay, three stations done!
Sanderson is listed as done and accessible on Amtrak's website. Yay, four stations done!

Missing wheelchair lifts only:
- Crawfordsville IN is still listed as missing a wheelchair lift.
- Elko NV is still listed as missing a wheelchair lift.

These two mystify me. Adding the lift is the easiest thing in the world.

Still under construction:
Ashland VA is still listed as lacking an accessible platform. I can't find any 2021 updates, and it was supposed to be done in 2020.

Latest report I can find from Westerly RI is a photo from February 2021:

PHOTO: Workers at train station shovel out atop their scaffold

Click here to view this article from westerlysun.com.

www.thewesterlysun.com

The new station at Middletown PA is still under construction; but apparently the old station has been made accessible (though with a lift). Last report from February 2021:

Middletown train station slated for completion by late 2021

Construction continues to progress at the Middletown train station.

www.penndot.gov

And some January photos:

Middletown - Middletown Station Project

www.planthekeystone.com

Ardmore PA construction seems to have gone very slowly. Some photos of construction from February 2021 though:

Ardmore - Transportation Center Project

www.planthekeystone.com

Funded but not really started:
Newark DE: has done a bunch of preliminary phases such as the third track, but hasn't started the actual high platform or elevator work.
Coatesville PA: Senator Dinniman is getting really impatient with Amtrak. They have funded a parking garage and additional trains per day and still haven't started station construction! Station remains inaccessible.

More Amtrak stops coming to Coatesville Train Station

In anticipation of the new Coatesville Train Station, more trains will be coming to the steel city beginning this October.

www.dailylocal.com

Partially designed but not committed:
Latrobe PA: No identifiable news. Still inaccessible.
Downingtown PA: Lots of ink has been spilled over the new Chestnut St. road bridge, which is sort of project related and seems to be done, and still nothing on the station itself. Still inaccessible. The station is to be completely relocated.

The Hall of Shame:
Parkesburg PA: upgrades around the station were already done and Amtrak is delaying actual action on the station for unknown reasons. Last news is from 2019.
North Philadelphia PA (needs only staff)
Deming NM (needs a platform)
Harpers Ferry WV

 

[MARC Rider]

The Hall of Shame:
.
.
.
.
Harpers Ferry WV

I was just at Harpers Ferry last week, and, yes the station is not accessible. Not sure how they get people in wheelchairs on to the westbound platform. As far as I could see, there are no track-level crossovers, so one has to use an underpass and stairs.




I wonder if there are issues regarding who owns what. The waiting room appears to be managed my the National Park Service. It's in the middle of the National Historic Park, and it is an historic building. The waiting room was also closed by order the Park Service last Sunday. The parking lot also seems to be managed by the Park Service. Who owns the platforms? There does seem to be MARC-style digital signboards on the platform, as one can see in the picture.

Anyway, given that MARC trains also use this station, I think this is also a problem for MARC as well as Amtrak.

 

[railiner]

I was just at Harpers Ferry last week, and, yes the station is not accessible. Not sure how they get people in wheelchairs on to the westbound platform. As far as I could see, there are no track-level crossovers, so one has to use an underpass and stairs.


View attachment 22247

I wonder if there are issues regarding who owns what. The waiting room appears to be managed my the National Park Service. It's in the middle of the National Historic Park, and it is an historic building. The waiting room was also closed by order the Park Service last Sunday. The parking lot also seems to be managed by the Park Service. Who owns the platforms? There does seem to be MARC-style digital signboards on the platform, as one can see in the picture.

Anyway, given that MARC trains also use this station, I think this is also a problem for MARC as well as Amtrak.

Perhaps they use only the track by the station for passenger trains? Not sure, haven't been there in decades....

 

[neroden]

Harpers Ferry, WV (HFY) – Great American Stations

• Facility Ownership: National Park Service
• Parking Lot Ownership: National Park Service
• Platform Ownership: CSX Transportation
• Track Ownership: CSX Transportation

SO! The way the law works, the owners (NPS and CSX) are required to cooperate with projects to make the station accessible.

"(C) Required cooperation

It shall be considered discrimination for purposes of section 12132 of this title and section 794 of title 29 for an owner, or person in control, of a station governed by subparagraph (a) or (b) to fail to provide reasonable cooperation to a responsible person with respect to such station in that responsible person's efforts to comply with such subparagraph. An owner, or person in control, of a station shall be liable to a responsible person for any failure to provide reasonable cooperation as required by this subparagraph. Failure to receive reasonable cooperation required by this subparagraph shall not be a defense to a claim of discrimination under this chapter."


However, they don't have to pay for it. Financial responsibility for accessibility is not entirely clear. Either it is the NPS (clause 5A), or it is Amtrak and MARC (5B), or it is the NPS, Amtrak, and MARC (clause 5C):

"(5) Responsible person

The term "responsible person" means

(A) in the case of a station more than 50 percent of which is owned by a public entity, such public entity;

(B) in the case of a station more than 50 percent of which is owned by a private party, the persons providing intercity or commuter rail transportation to such station, as allocated on an equitable basis by regulation by the Secretary of Transportation; and

(C) in a case where no party owns more than 50 percent of a station, the persons providing intercity or commuter rail transportation to such station and the owners of the station, other than private party owners, as allocated on an equitable basis by regulation by the Secretary of Transportation."

The DOT regulation (Preamble--Transportation for Individuals with Disabilities [September 6, 1991] | FTA -- see section 37.49 for discussion) allocates responsibility among Amtrak and MARC according to passenger boardings. If clause 5C applies, the NPS gets half the responsibility.

I suspect that if a disabled passenger sued Amtrak, MARC, the NPS, and CSX jointly, the judge would sort out pretty quickly the percentages of station ownership or force an agreement -- the problem with the law is that it's not clear on what basis the percentage is calculated (assessed value? square footage?). At the moment all four of them would probably lose a lawsuit by a disabled passenger, so it would be in their interest to make a deal and make something happen.

MARC can end service entirely if it wants to; Amtrak can't. It's only required to be accessible because it's an Amtrak station, since it isn't a "key station" for MARC. So I would expect Amtrak and the NPS to pay for it, possibly with a contribution from West Virginia if it wants to keep MARC service. Since the NPS renovated the building (the part they own) in 2007 -- hopefully in compliance with ADA standards -- they probably feel that they've paid for their part already.


"(e) Persons who must share responsibility for station accessibility under paragraphs (c) and (d) of this section may, by agreement, allocate their responsibility in a manner different from that provided in this section. " (49 CFR 37.49)

Amtrak really needs to build and pay for the remainder on its own; it is the entity with the maximum legal exposure and the one which will be paying out first if passengers sue over inaccessibility. NPS and CSX are not legally permitted to cause obstructions to the process and Amtrak should sue them if they are causing obstructions.

 

[neroden]

There are recent photos of elevator tower construction on the new Middletown, PA station, which seems to be progressing well. (At the Plan the Keystone site.)

I did notice that the recent settlement with the DOJ specifies which stations Amtrak is fully responsible for. Of the stations where a person in a wheelchair can't get on the train, Amtrak states that they have responsibility for the platform and the path to it for all except Deming and Harpers Ferry.

Harpers Ferry is "shared". So Amtrak may be trying to get MARC to pay for part of it.

Deming is... odd, because of not having a platform. I think it ends up being Amtrak's responsibility. It looks like the usual portable wheelchair lift is a valid compliant solution, and placing it in the middle of the street to board from the middle of the street like the other passengers do is valid, if the street is flat enough for that it work. Obviously we all hope something better can be done, like having a platform, but it seems odd that this hasn't been done. No odder than the two stations which appear to be missing a wheelchair lift and nothing else, though.

I idly wonder if anyone has standing to go after Amtrak and/or SEPTA over the nonsense with North Philadelphia, which does not require structural changes; Amtrak just has to maintain and staff the elevator. That means they're required to do it, and not doing it is discrimination. But standing would require someone in a wheelchair who was actually trying to go to or from North Philadelphia, and they probably all just go downtown and take the subway to North Philadelphia or the "Reading side" of SEPTA to North Broad, which are both accessible.

The DOJ settlement required an ADA Progress Report... the day after tomorrow. I am following up to see if Amtrak is going to get this out on time, or if it's going to be late too.

 

[neroden]

It's late.

 

[neroden]

Reports from the field (Malcolm Kenton) are that Ashland, VA is done, so I suppose Amtrak has simply failed to update their website. :sigh:

I wonder whether the same is true at Crawfordsville and Elko.

Those 25 open IT jobs at Amtrak can't be filled fast enough. They might want to raise their starting salary offers.

 

[neroden]

So. My revised consolidated assessment of the situation:

Not Clear Why They're Not Listed As Accessible Yet:
Ashland, VA
Crawfordsville, IN
Elko, NV

Under construction:
Westerly RI (no reported date of completion)
Ardmore PA (expected done mid-2023)

Funded but not really started:
Newark DE (supposedly to be done in 2023 according to last article I saw, from Jan 2021)
Coatesville PA

Partially designed but not committed:
Latrobe PA
Downingtown PA
Thurmond WV

The Hall of Shame:
Parkesburg PA
North Philadelphia PA (needs only staff)
Deming NM (needs a platform)
Harpers Ferry WV

No reply so far from David Handera, the signatory on the settlement agreement, who still seems to have the same job at Amtrak, regarding the missing report which was due 16 days ago. I guess I try the DOJ people with email addresses on the settlement next -- David Knight and Felicia Sadler.

I'll give Amtrak a grace period. But I want a report explaining the status of these stations and what's being done to make them accessible, which they were originally required to complete in 2010 -- and the settlement agreement says Amtrak will create such a report for the DOJ and make it public. With the three exceptions of Ardmore, Downingtown, and Deming, these stations are also all listed among the 24 top-priority stations in the settlement agreement.