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Metropolitan Transportation Commission Race Discrimination Lawsuit

Introduction

On April 19, 2005, Lieff Cabraser and co-counsel filed a civil rights suit on behalf of a coalition of organizations and individuals charging that the Metropolitan Transportation Commission (MTC) discriminates against poor transit riders of color who use or depend on AC Transit bus service.

Plaintiff's Allegations

According to data from the National Transit Database reports from 1989-2003, AC Transit riders receive a public subsidy of only $2.78 per trip, BART passengers receive more than double that - $6.14 - and Caltrain passengers receive $13.79, nearly five times more than AC Transit riders. Whereas AC Transit serves a population that is nearly 80% people of color, BART and Caltrain, designed to serve white, suburban commuters, have a much higher percentage of white riders.

"The Bay Area has two 'separate and unequal' transit systems: an expanding state of the art rail system, Caltrain and BART, for predominantly white, relatively affluent communities and a shrinking bus system, AC Transit, for low-income people of color," explained a Lieff Cabraser partner.

MTC's own studies, dating as far back as 1979, concede that BART does not serve "blue-collar employment and inner-city travel needs of minorities." The inequity has only worsened since then. While Caltrain and BART riders have historically enjoyed increasing service, AC Transit riders have suffered service cuts, including cuts to critical evening service, which for many AC Transit riders provides the only means available for commuting to and from work or school.

Relief Sought

Plaintiffs seek a declaration that the MTC is operating in violation of federal and state civil rights laws. In addition, the lawsuit asks the court to prohibit MTC from making decisions that detract from the equitable funding of services benefiting AC Transit riders. The plaintiffs are AC Transit riders Sylvia Darensburg and Vivian Hain; Amalgamated Transit Union, Local 192; and Communities for a Better Environment. Plaintiffs are not requesting an award of damages.

The suit is entitled Darensburg v. Metropolitan Transportation Commission and was filed in U.S. District Court in San Francisco.

Case Status Update: July 2008

On December 10, 2007, the court ordered that this lawsuit would proceed as a class action "on behalf of a class of all Black, Hispanic, Asian or Pacific Islander; and American Indian or Alaskan native individuals who are patrons of AC Transit."

On April 1 and 22, 2008, both Plaintiffs and Defendants moved for summary judgment asking the court to decide Plaintiffs' claims based on their written submissions to the court. Those motions are pending before the court. If the court does not grant summary judgment to Plaintiffs or Defendants, the lawsuit will proceed to trial. Trial is currently scheduled to begin on October 1, 2008.

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About Lieff Cabraser

Lieff Cabraser Heimann & Bernstein, LLP is a fifty-plus attorney law firm that has represented plaintiffs nationwide since 1972. We have offices in San Francisco, New York and Nashville. We represent plaintiffs in class and group actions and in individual lawsuits in cases involving substantial losses. For the last six years, the National Law Journal has selected Lieff Cabraser as one of the top plaintiffs' law firms in the nation.

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