Paratransit service may stop
November 8, 2008
Northwest Indiana Community Action may abandon its transit service after Jan. 30.
The service has been making noise about possible cutbacks for weeks, warning that the voluntary support it gets from the cities it serves has been dwindling to unsupportable levels.
The agency will run a legal notice in Monday's Post-Tribune advertising the date, time and location for two public meetings it will hold to gather public input.
The meetings are required by the consent decree issued in federal court on behalf of Everybody Counts, which had sued several transit agencies in the area over non-compliance with disability access laws.
Teresa Torres, executive director for Everybody Counts, said that the service cuts might not have been necessary had the agency complied with other provisions of the federal consent decree designed to improve the scope and efficiency of the transit service.
The advocacy group is preparing to go back to court over what it says is widespread non-compliance with the terms of the court-imposed agreement.
NWICA serves as a dial-a-ride transit provider, particularly for disabled residents, throughout northeast Lake County, including Gary, Merrillville and Hobart.
Asked if there was some emergency source of money, Dennis Rittenmeyer, chairman of the Regional Bus Authority, said, "I think as a practical matter, the answer is no, unless there's a change of heart by some key folks."
Gary Olund, executive director of NWICA, could not be reached for comment.
Contact Erik Potter at 648-3120, or epotter@post-trib.com. Comment on this story at www.post-trib.com.
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Group to shut down demand bus service
BY SUSAN BROWN
sbrown@nwitimes.com
219.836.3780 | Saturday, November 08, 2008
The city of Hammond, meanwhile, will reduce its fixed-route bus service Jan. 1 and discontinue all service by July 1. Bus service in the cities of Gary and East Chicago also appears at risk.
NWICA, the area's largest provider of demand service, offers curb-to-curb transportation for the elderly, physically/mentally handicapped and nondisabled residents in Lake County. NWICA reported making nearly 90,000 trips in 2006.
Steven Siros, an attorney with the Chicago law firm of Jenner & Block, was notified of NWICA's plans in a letter dated Nov. 4 from NWICA attorney David Beach, who could not be reached Friday.
"We've been advised NWICA is proposing to terminate the service due to the inability to obtain funding from local sources," Siros confirmed Friday. Siros represents the plaintiffs in a class action lawsuit that had argued area transit agencies were not complying with the Americans with Disabilities Act.
Under the subsequent federal consent decree agreed to by the transit agencies, including NWICA, public hearings are required in the event of change in services. Two public hearings on NWICA's plans have been scheduled for December.
NWICA Executive Director Gary Olund was reported out of town Friday, but even if Olund were available, Executive Assistant Melissa Bohacek said comment was likely to be withheld until after publication of a legal notice in area newspapers, which is expected Monday.
"Had they worked with us per the consent decree, there may not have been the need to take such drastic action," said Teresa Torres, executive director for Everybody Counts Inc., which was instrumental in the class action suit that led to the consent decree. The agreement included requirements for the agencies to form ridership councils to increase ridership and promote awareness of transit services for the disabled.
In recent weeks, Torres has contended the transit companies are not complying with the consent decree, which could force her agency to return to court. On Friday, Torres joined Siros in saying the shutdown in services may be related to a concerted effort by local authorities to force the hand of the state to fund the Regional Bus Authority.
"Northwest Indiana is in the process of destroying itself," RBA President Dennis Rittenmeyer said of the latest transit shutdown. "We are willing to step in and operate bus service if we are funded, but our efforts in securing funding have been rebuffed."
Rittenmeyer said the RBA has not given up, but even the initiatives the RBA is getting under way would require local money to leverage the state and federal dollars.
NWICA relies on contributions by local government, which is cutting back because of the demands of the property tax relief legislation, he said.
"Our legislative process, which should yield an improved quality of life, has failed miserably on the issue of transportation and continues to do so," Rittenmeyer said.
Rittenmeyer said all citizens lose with the lack of public transportation but particularly those who need what limited service has been available. NWICA public hearings:
2 p.m. to 5 p.m. Dec. 11 at the St. John Township
Community Center, U.S. 30 west of U.S. 41,
Schererville.
Also, 1 p.m. to 4 p.m. Dec. 16 at Purdue
University Calumet, 2300 173rd St., Hammond
======================================================
M'ville ADA panel progressing
BY CHAS REILLY
creilly@nwitimes.com
219.662.5324 | Sunday, November 02, 2008
MERRILLVILLE | As
the Merrillville Americans with Disabilities Act Committee continues
to develop, the committee chairwoman is working to establish goals
she wants the committee to complete.
After having two informational meetings about the committee,
Chairwoman Teresa Torres received several applications from people
interested in serving as a member.
Torres said she will give the applications to Town Council members,
who will then appoint committee members.
According to the town's description of the committee, most committee
members should be people with disabilities.
Torres said within the next year she wants the committee to have an
Americans with Disabilities Act training session so government
officials, area business owners and others can better understand the
law.
Torres also plans to visit local nursing homes to inform residents
about the committee and give them an opportunity to discuss issues.
Starting early next year, Torres wants to establish regular
meetings.
Torres would like to work with other communities that have a similar
panel devoted to helping residents with disabilities.
East Chicago Human Rights Commission Director Fred Vasquez said the
Mayor's Committee for Disabilities also looks to partner with
another committee to host a joint workshop.
He said the East Chicago committee started some new programs,
including sending a quarterly newsletter informing residents of the
group.
Torres said once the Merrillville committee completes some projects,
she intends to share that information with other communities that
might be interested in conducting similar projects. Committee
information
For more information about the Merrillville Americans with
Disabilities Act Committee, contact (219) 769-5055 or visit
merrillville.in.gov.
For more information about the East Chicago Mayor's Committee for
Disability, contact (219) 391-8477 or visit
eastchicago.com
Copyright © 2008 nwi.com
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Advocates Say Plan To Cut
Bus Service Violates Deal With Disabled
October 31, 2008
By Andy Grimm Post-Tribune staff writer
HAMMOND -- The bus stops here, or at least that's what local advocates for the disabled fear.
A plan to slash funding for the Hammond Transit System violates terms of a court order that ended a lawsuit filed by disabled groups 12 year ago, said Teresa Torres, executive director of Everybody Counts, a Merrillville-based not-for-profit.
The move to cut funding for the bus system, and dramatically cut service starting next year, comes after years of failed negotiations with disabled groups and their attorneys, who in 1997 sued the city and transit agencies across the region for violations of the federal Americans with Disabilities Act.
Even after reaching settlement with the transit officials two years ago, officials in Hammond and elsewhere have done "almost nothing" to meet the terms of the agreement, Torres complained.
"We have been ignored, even after the consent decree," Torres said on Thursday, after a meeting at Hammond City Hall. Torres had invited Mayor Thomas McDermott and city attorneys and transit officials. Only city council members Kim Poland and Bob Markovich showed up.
"We will be back in court by the end of the year -- again," she said.
Torres said Hammond is not alone, as mismanagement and budget cuts threaten bus service across the region. Torres already has complained to officials from the Northwestern Indiana Regional Planning Commission and Regional Bus Authority about continued non-compliance with terms of the federal consent decree.
Transit officials have done little to make service more accessible, and have not offered additional training for employees and established panels of transit users to discuss service issues, both requirements of the consent decree.
In the 2009 budget presented by McDermott, transit funding from the city's general fund has been reduced to $0, with all funds coming from casino money, said Poland, who said she is concerned there won't be enough money from the casino funds to maintain service.
"Hammond is the first place for the ax to fall," Torres said. "Hammond could be the first place to provide a solution."
======================================================
Bus routes get pared down in Hammond
BY SUSAN BROWN
sbrown@nwitimes.com
219.836.3780 | Tuesday, October 28, 2008
HAMMOND | The
city is closer to having to return to court over a federal
consent decree ordering compliance with the Americans with
Disabilities Act.
On Monday, Everybody Counts Executive Director Teresa Torres sat
in on the public caucus portion of the City Council's only
regular meeting this month.
Torres' agency
and its supporters had filed a class-action lawsuit against
several transit companies on behalf of the disabled in 1998.
Torres said she was there to ask again for a meeting with the
city in connection with the subsequent consent decree that
orders several transit companies, including
Hammond's, to comply with the Americans with Disabilities Act. Some 10 days ago, Torres had put the transit companies on notice that their alleged failure to fully
comply with the decree may have her agency heading back to court by the end of the year. Among other complaints, Torres has contended the transit companies have
failed to organize the readership councils they agreed to in the consent decree. The readership councils were intended to increase both awareness of the services
for the disabled
and subsequently increase ridership.
Torres on Monday also chastised the city for ignoring a
requirement of the consent decree that requires any legal
notices posted in newspapers must be supplemented by news
releases and public service announcements summarizing the
information being posted. Torres said a legal notice announcing
reductions in and eliminations of bus services was published
last week without accompanying news releases and public service
announcements. In addition, Torres said the published time of
the public hearing set on the matter -- 9 a.m. on a Thursday --
was not conducive to the hearing being well attended.
During the caucus, Mayor Thomas McDermott Jr. indicated he
believed the matter had been sufficiently covered by the media
throughout the controversy. The council, meanwhile, failed to
satisfy Torres' request for definitive action on the matter. "I
am appalled by Mayor McDermott's obvious apathy and the
council's apparent inability to take responsibility for actions
being taken by a city department that will have significant
negative (impact) on so many of Hammond's citizens," Torres said
following the caucus.
Torres indicated she will not seek any further meetings with
city officials but instead rely on the courts.
Information contained in the legal notice had been sought by The
Times prior to last week without success. BUS SERVICE CHANGES
The legal notice announces the these changes in route service as
of Jan. 1, 2009: - Elimination of all Saturday fixed route and
paratransit services: Route 6, operating Saturday only, will be
eliminated; Route 1-C and Route 1-D will be eliminated during
the weekday service, reducing Route 1 services to an hourly
basis.
A public hearing will be at 9 a.m. Dec. 4 at a meeting of the Hammond Board of Works and Safety at City Hall.
Written views and comments will be accepted at the Dan Rabin Center or by calling Transit Director Keith Matasovsky at (219) 853-6514
or Allen Hammond, Northwestern Indiana Regional Planning Commission compliance officer, at (219) 763-6060, ext. 141.
Copyright © 2008 nwi.com
======================================================
Town seeking residents to serve on new committee
BY CHAS
REILLY
creilly@nwitimes.com
219.662.5324 | Tuesday, October 14, 2008
Teresa Torres, who was appointed chairwoman of the ADA Committee in August, said she conducted the meeting Monday at Everybody Counts, 9111 Broadway, to find out who was interested in serving on the committee as well as their ideas for potential projects.
Torres said some people weren't able to attend the meeting, so she plans to go to places such as nursing homes to inform residents about the group.
She also wants to conduct training sessions about the Americans with Disabilities Act so town officials, Merrillville businesses and residents will have a better knowledge of it.
Torres and others at the meeting suggested a project where committee members would go to local businesses to help them find out if they completely comply with the Americans with Disabilities Act. Torres said some businesses may comply with some aspects of the Americans with Disabilities Act, but not with others.
There were suggestions of giving stickers to businesses that do comply so they can post them in their windows. Another suggestion was to make a guide showing which businesses comply with the act.
Torres said once committee members have completed some projects, she wants to share their knowledge with other communities so they can complete similar projects.
There will be another informational meeting about the committee at 1:30 p.m. today at Town Hall, 7820 Broadway.
======================================================
Town committee to address ADA needs
Sunday, October 12, 2008
MERRILLVILLE | Town Council members are seeking assistance from its citizens with disabilities and others interested in serving on the town's Americans with Disabilities Act Committee."We're looking for local residents who want to help us ensure that everyone has equal access to the community," said Ron Widing, council president, in a written news release. "We want to be as pro-active as possible to protect the rights of our disabled and senior citizens."
Two informational meetings are scheduled to discuss the committee's purpose and proposed efforts, one at 6:30 p.m. Monday at Everybody Counts, 9111 Broadway, and another at 1:30 p.m. Tuesday at the Merrillville Town Hall, 7820 Broadway.
Applications forms for those interested in serving on the ADA Committee will be available at both meetings and can also be downloaded at http://merrillville.in.gov/departments/boards_commissions/ada_committee.html
The Town Council recently appointed Teresa Torres as chair of the newly formed Merrillville ADA Committee. A long-time Merrillville resident, Torres is director of Everybody Counts, a federally funded agency that has been headquartered in Merrillville since 1986.
Torres has been a strong advocate for the disability community, and her agency has served as a real resource for all of Northwest Indiana, Widing said. "I'm confident that she will help to make this committee a real asset to our community."
Torres said her fist order of business will be to find people who want to work together to identify and suggest ways to eliminate barriers to community access. But, she added, several issues will be a definite priority.
"The town has already been in communication with the Indiana Department of Transportation about the new sidewalks recently installed down Broadway," Torres explained. "They're not only out of compliance with the ADA, they're downright dangerous in some places - and not just for people with disabilities, but for everyone."
Widing said he accompanied Torres and several wheelchair users on the route, and shares their concerns.
"There are some real problems with width, pole placement, curb cuts and sharp drop offs," Widing said. "INDOT representatives promised to get back with me by the end of September, but that didn't happen."
Widing added that he was hopeful that INDOT would recognize the need to take care of the situation as soon as possible, but welcomed assistance from concerned citizens to help stress the urgency.
Torres said that the committee will try to partner not only with town officials, but also with the local business community in future endeavors.
Richard Hardaway, Ward 2 council representative, said he is happy to support Widing's creation of the ADA Committee. "I'm looking forward to their success," he said. "It's important to ensure that we provide equal access for all of out residents."
For more information, call Torres at (219) 769-5055.
- The Times
======================================================
Merrillville forms disability committee
October 9, 2008
Potential problems with sidewalks on Broadway may have inspired a positive -- the town is now forming its own Americans With Disabilities Committee.
The search is on for anyone interested in serving on the group's board.
Teresa Torres, executive director for Merrillville-based disability rights group Everybody Counts, said she and disabled townspeople contacted council members over concerns about the sidewalks.
Torres said Town Council President Ron Widing took a walk along the road with wheelchair users, and shared their concerns over the sidewalk's height from the road, pole placements and curb cuts.
Torres said she's concerned that if the edge of a wheelchair or a walker or a cane hit the end of the curb, someone could fall into the busy road.
She questions if the sidewalk falls under Americans With Disabilities Act guidelines.
The Indiana Department of Transportation is in charge of Broadway renovations, as it is a state road.
Widing said he was promised by INDOT representatives that they would get back to him by the end of September to discuss the sidewalks, but that has yet to happen.
INDOT spokesman Joshua Bingham said discussions are still ongoing.
Torres said discussions with Merrillville officials led to talks about forming a volunteer committee dedicated to representing townspeople with disabilities. Torres was appointed chairwoman of the committee and is now searching for people interested in joining the committee.
Contact Piet Levy at 648-3102 or plevy@post-trib.com. Comment on this story at www.post-trib.com.
For more info:
Applications can be downloaded at www.merrillville.in.gov. A link to a description of the Americans with Disabilities Committee can be found on the Boards and Committees page.
Forms can be mailed to: ADA Committee, 7820 Broadway, Merrillville, IN 46410 or e-mailed to: adacommittee@merrillville.
in.gov.
Informational meetings will be held at 6:30 p.m. Monday at Everybody Counts headquarters, 9111 Broadway, and at 1:30 p.m. Tuesday at Town Hall, 7820 Broadway.
======================================================
Disabled, Public Can Speak Out At Bus
Hearings
Hearings are part of lawsuit settlement
Tuesday, July 24, 2007 12:34 AM CDT
Public hearings in August will give the
disabled and the public at large a chance to tell bus operators what
has to be done to serve the disabled better.
The hearings are a result of the recent settlement of a lawsuit
brought by Everybody Counts Inc., an advocacy group for the
disabled, against local bus providers.
Everybody Counts Executive Director Teresa Torres called the
hearings a "positive first step" in addressing concerns raised in
the lawsuit.
"Public transportation throughout Northwest Indiana should and can
be a whole lot more accessible and useable by people with
disabilities," said Torres. "Those who are directly impacted can
play an important role in making the system work better for
everyone."
Everybody Counts brought suit against the bus providers and the
Northwestern Indiana Regional Planning Commission in 1998, claiming
the bus providers were not complying with the Americans With
Disabilities Act. A federal judge ruled the claims were valid and
the settlement was reached in order to avoid a trial.
Defendants in the lawsuit included both urban bus systems and
on-demand providers. NIRPC was a defendant because it secures
federal transit grants for bus companies.
Information gathered at the August hearings will be used in a review
of public transit providers conducted by an Americans with
Disabilities Act consultant who was jointly selected by NIRPC and
Everybody Counts.
Both NIRPC and local transit providers, which have been invited to
attend the hearings, are urging people to attend and voice their
opinions on bus services for the disabled.
"Gary Public Transportation Corp. is committed to working with NIRPC
and Everybody Counts to improve the services we provide to the
disability community," said GPTC General Manager Daryl Lampkins.
Public bus service hearings: Aug. 21
When: noon to 4 p.m.
Where: Northwestern Indiana Regional Planning Commission, 6100
Southport Road, Portage
Public bus service hearings: Aug. 28
When: noon to 4 p.m.
Where: Everybody Counts Inc., 9111 Broadway, Suite A, Merrillville
In addition: Written and taped comments will be accepted by NIRPC
now through Sept. 27. Everybody Counts is available to assist those
who need help typing or sending remarks.
======================================================
Agency's Federal Funds In Peril
Everybody Counts fighting request for access to confidential data
July 14, 2007
The U.S. Department of Education's Independent Living Branch began conducting a monitoring review of Merrillville-based Everybody Counts on June 19.
Teresa Torres, executive director of Everybody Counts, said the review found no problem with the agency's financial information but a day before the review was over, federal officials asked for unrestricted access to all personal records of individuals who have requested or received services.
The agency's board of directors
directed her not to comply.
At stake is $440,000 that Everybody Counts receives annually in
federal funding.
Efforts to reach Tom Kelley, branch chief for the Independent
Living Branch, were unsuccessful.
Torres and agency attorney Steve Siros, of Chicago-based Jenner
& Block, said Everybody Counts offered to provide files of
consumers who had given their permission as well as offering
personnel files with identifying and personal information
blocked out.
They said federal officials turned down those offers.
Torres said the agency is going public because it has nothing to
hide, and it intends to file the appeal as well as look at legal
options.
"(U.S.) Rep. Pete Visclosky also is looking at possible
remedies," she said.
Everybody Counts has received federal funding from the
Washington, D.C.-based agency for 17 years and was part of a
federal review in 2002 and again in 1999.
This is the first time Everybody Counts has been asked to
provide personal, identifying information, Torres said.
Siros said hundreds of consumer files are affected by the
request.
The request comes a month after Everybody Counts settled a class
action Americans with Disabilities lawsuit against local public
transportation providers regarding making provisions for people
who have disabilities.
======================================================
Everybody Counts Facing Financial
Dilemma
July 14, 2007
By PIET LEVY Post-Tribune staff writer
Everybody Counts Center for Independent Living has served the
disabled residents of Northwest Indiana for 21 years.
Now the organization's executive director said there's a chance it
can all end.
The Merrillville-based agency is at odds with the federal program
that provides funding -- the U.S. Department of Education.
Torres claims the department's Rehabilitation Services
Administration is demanding unlimited access to records of people
served by Everybody Counts, following a standard review last June.
Torres, and the group's board, refused to provide the records.
"We're supposed to be fighting for the rights of people with
disabilities," Torres said. "Among those rights, as with every other
citizen, is the right to privacy."
Torres said she told the RSA she would provide clients' names and
addresses, or records with blocked-out names, so they wouldn't find
out a specific client's medical or personal history.
Torres claims that wasn't enough for the RSA.
Now the RSA is forcing Everybody Counts to specifically request
grant money on a case by case basis. Before, Everybody Counts
received grant money electronically.
According to a letter issued by RSA chief Thomas Kelley, more
"severe enforcement action" may follow should Everybody Counts
refuse to provide the RSA with unrestricted access to their files by
Aug. 3.
"We're between a rock and a hard place," Torres said. "Do we lose
credibility with the constituents we're supposed to represent or do
we keep the money?"
Kelley could not be reached for comment. U.S. Department of
Education spokesman Jim Bradshaw declined to comment.
"The letter speaks for itself," he said.
Torres said she's in the process of contacting Everybody Counts
clients to see if they're willing to provide information to the RSA.
Torres said the organization is also consulting with their attorney
to see what legal action it can take.
If push comes to shove, Torres said, she and the Everybody Counts
board will discuss their options. Shutting down is one of them.
======================================================
10-Year-Old Transit Lawsuit Settled
Wednesday, May 23, 2007 12:27 AM CDT
Last of providers settles with advocates
for the disabled
|
|
The riders and their advocacy organization, Everybody Counts Inc., sued the transportation providers in 1998, claiming the companies were not complying with the Americans with Disabilities Act and other federal laws.
Simon ruled that the riders' claims were valid and that the settlement would avoid complex trial litigation that would distract from the greater goal of providing legal transportation.
"I do believe the settlement will
achieve substantial benefits for disabled people in Lake
County," Simon said. "This litigation will hopefully come to an
end after almost 10 years."
After the hearing, two former adversaries -- Everybody Counts
Director Teresa Torres and Northwest Indiana Community Action
Corp. Director Gary Olund -- met and shook hands.
"Now we move forward. We have the same goals," Olund told
Torres.
Outside the courtroom, users of the system were more
circumspect.
Timothy Gee, of Hammond, said he was optimistic for the
settlement, but would wait to see if promises were met with
actions. Christopher Anthony, of Merrillville, said the
transportation providers would find themselves in court if they
didn't fulfill the agreement.
The consent decree approved Tuesday settles the claims against
the community action corporation. Previous settlements have
dealt with allegations against public bus companies in Gary,
East Chicago and Hammond, and the Northwestern Indiana Regional
Planning Commission, which awards federal transit grants.
All of the settlements require the agencies to form councils of
riders to make suggestions for improving service. The agreements
also include rules allowing riders to file written complaints
and require the companies to keep track of their performance.
On Tuesday, Simon thanked the Chicago law firm Jenner & Block
for representing Everybody Counts. Attorney Steven Siros said
the firm provided about $1.5 million of representation and will
collect about $25,000 in fees.
======================================================
Disabled Rights Lawsuit Ends After 10-Year Battle
May 23, 2007
U.S. District Judge Philip Simon approved a settlement of a class action lawsuit by disabled region residents and an agency responsible for on-demand transit for the poor and handicapped.
The pledge from the Northwest Indiana Community Action Coalition to provide improved service for the handicapped, host sensitivity training for staff and establish a committee of disabled residents to oversee improvements was similar to settlements with the state Department of Transportation, bus companies in Hammond, Gary and East Chicago and other defendants.
A handful of disabled transit users and advocacy group Everybody Counts filed suit in 1997, complaining that regional transit providers weren't in compliance with the now 17-year-old Americans With Disabilities Act.
Gordon Sunny, a Merrillville resident who was one of the original plaintiffs in the suit, said he was pleased to see the lawsuit ended, but remained only cautiously optimistic that services would improve.
"I just want to know that someone like me won't have to fight like I did," said Sunny, 44, who suffers from multiple sclerosis and uses a wheelchair.
NWICAC Director Gary Olund said the case drew out more than 10 years because his agency was concerned it didn't have the staff to provide the services and oversight demanded by the plaintiffs. In the years since the suit was filed, changes already have taken place in the way the agency provides services.
"This settlement is a fair one that will allow us to move forward," he said.
Contact Andy Grimm at 648-3073 or agrimm@post-trib.com
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