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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117369
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I am a 60 yr old insulin dependent diabetic. I have many complications

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I am a 60 yr old insulin dependent diabetic. I have many complications wth this disease. I have an amputated left leg (aka) and therefore ,am on an electric wheelchair. I need to see my physician very often but, I am stopped from going because I have no transportation.Twice now I've been sent to the hospital because I am not allowed to ride on my city,s Access Van transportation for the disabled. I have applied many times only to find out that since I have full mental capacity they have told me I could take the regular bus. Due to my many complications I am not able nor willing to ride the bus. The only two places I use them for, is to my Dr's and Pharmacy . But, those ae the places they restricted me from. They consider me "CONDITIONAL". The evaluation concists of only making sure that you are able and capable, of mentally asking for directions and following them. They don't check for physical diabilities. this is one of the main resons as to why I feel dicriminated against. What can I do about this?
Thank your for your question. I look forward to working with you to provide you the information you are seeking.

The public transportation system has to make reasonable accommodations for those with disabilities and handicaps to have access to public transportation, be that the special Access van system or regular transportation. The access van was supposedly developed for those with handicaps that prevent them from being able to ride the regular handicap accessible public transportation systems.

If you are not physically able to ride the regular public transportation that is handicap accessible and they are denying you the right to use the Access van system, then you would have a right to file a suit for discrimination under the Americans with Disabilities Act and you would start by filing an appeal to the transit authority for access and providing them medical proof of your need for the Access service and proof that you cannot ride the regular handicap accessible transportation. If you are denied, then your next step I am afraid is to file a civil suit in the court against them for violation of the ADA and also file a complaint with the US Department of Justice Civil Rights Division for denying you access to a public accommodation.

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