Activists pursue right to timely transportation Friday, march 25, 2005�
By John Grant Emeigh / Post-Tribune staff writer HAMMOND � A seeing-eye dog lounged on the courtroom floor as a sign-language translator interpreted legal arguments seeking to allow residents with disabilities the right to sue the state when they believe they�ve been harmed. The issue began in 1998 when the Everybody Counts Center for Independent Living, a not-for-profit Merrillville advocacy agency, and eight local residents with disabilities filed a class-action suit against the state. U.S. District Judge Philip Simon heard two hours of arguments from attorneys on both sides Thursday and now must decide if the state can be taken to court for allegedly violating the Americans with Disabilities Act. The plaintiffs sued the Indiana Department of Transportation, the Northwestern Indiana Regional Planning Commission and a group of local transportation providers. They alleged multiple violations of the ADA law, passed by Congress 15 years ago. They complained about a denial of access, late pickups, a lack of adequate driver training or drug screening, and unsafe practices. They are seeking unspecified monetary damages. �The transportation system in Northwest Indiana is broken,� attorney Steven M. Siros, representing Everybody Counts, told the judge Thursday. Siros said the NIRPC and INDOT were responsible for these lapses in the local transportation network because they failed to properly oversee its operation. Because INDOT receives federal funding, it makes it open to litigation by the public. The attorney for INDOT, Thomas Fisher, argued that the state organization was protected from lawsuits through �sovereign immunity.� He cited the 11th Amendment, which excludes Indiana and other states from being liable for damages in private lawsuits. Though admitting there may have been some problems in the local system in transporting people with disabilities, Fisher told the judge there�s no evidence of the state violating anyone�s Constitutional rights. �There�s no history of irrational discrimination here,� he said. Siros countered that the state was aware of numerous violations and failed to remedy the problems. No testimony was taken from witnesses in the case. Several people in wheelchairs watched quietly from the courtroom gallery. Most seemed confident after the hearing that the judge would grant Everybody Counts its day in court. Contact John Emeigh at 648-3079 or [EMAIL PROTECTED]
