Transit Authority withholds stimulus funds from BART for possible violations of Civil Rights Act

Public interest advocates are applauding a decision by the Federal Transit Authority to withhold $70 million dollars in stimulus funding from the Bay Area Rapid Transit agency for possible violations of the Civil Rights Act. The issue surrounds a half-billion dollar BART transportation project called the "Oakland Airport Connector." Critics say the project is geared toward more affluent people and leaves out low-income residents and people of color. Bob Allen is Transportation & Housing Director with Urban Habitat, one of the Bay Area advocacy groups that helped to file a Title VI complaint against BART.

“Of particular concern for us is the prohibitive cost for riding the new project. The Connector would replace an existing bus shuttle that presently delivers passengers and workers to the airport for 12 minutes for a fare of three dollars each way. However, under the new Connector, passengers and workers would be charged six dollars each way, or twelve dollars round trip on top of their normal BART fare. The price alone would exclude many Oakland residents and we believe would impose significant economic burden on airport workers, many of whom are low-wage earners.”

Allen says they're also concerned that the project doesn't include stops along the way, thus limiting the number of people who would use the project for transportation. Reverend Scott Denman with the advocacy group Genesis says the faith community sees the issue as "Robin Hood in reverse."

“When you take money out of stimulus funds and use it to assist those who can afford airline tickets while taking away the opportunity for those to ride buses -- to schools, to the church, to work to the doctor -- the injustice is not only obvious but quite obscene in our opinion and is really a no brainer.”

Some watching this case say the federal government's actions in Oakland are significant as it indicates a commitment to investigate civil rights complaints. Former senior policy advisor for the Department of Transportation Marc Brenman said this is the first time stimulus funds have been withheld for social equity purposes.

“Since 1964 the principle of the Civil Rights Act has been that federal money should not be spent in a discriminatory way. President Clinton’s environmental justice executive order in 1995 required federal agencies to examine and reduce the adverse impacts of federal projects on low-income and minority people. USDOT and FTA wrote guidance for Title VI years ago. Now they’ve shown how to make that guidance work with the help of dedicated public advocates."

The FTA gave BART a March 5th deadline to meet several demands, including conducting an adequate "equity analysis" that examines the project's impact on transportation service and fares. If BART fails to meet the deadline, the stimulus funds could be re-allocated to another entity or project. In a statement, BART said they have "always been and will continue to be committed to providing non-discriminatory, equitable, accessible and safe public transportation to all the Bay Area residents."