Bus Riders Union of Austin, Texas | El Sindicato de Pasajeros

By: Natalia Ciolko
Daily Texan
August 1, 2008

Media Credit: Bryant Haertlein Attorney D'Ann Johnson of Texas RioGrande Legal Aid expresses concern at a Thursday afternoon press conference that Capital Metro's proposed fare increase will disproportionately affect low-income riders. Bus rider Jimmie Owens listens on.

A Central Texas legal group filed a complaint Thursday against Capital Metro's proposed bus fare increases, claiming the hike is a violation of the 1964 Civil Rights Act.

Texas RioGrande Legal Aid and the Center for Race, Poverty & the Environment jointly filed the complaint with the U.S. Department of Transportation and the Federal Transit Authority for review on behalf of the nonprofit organization House the Homeless and two Austin residents. The complaint cites Title VI of the Civil Rights Act, which prohibits any action that disproportionately affects low-income and minority citizens.

"We are asking the federal oversight authorities to review the fare proposal to mitigate or eliminate the disparate impact," said attorney D'Ann Johnson during a press conference Thursday at the legal aid offices.

The main focus of the complaint concerned the effect the fare increase would have on economically disadvantaged citizens. The group also criticized Capital Metro's new policy concerning elderly and disabled individuals, who have always been able to ride the bus for free but would have to pay 35 cents per ride under the proposed increase.

"Services and amenities should be distributed fairly so that putting Wi-Fi in a free Park and Ride facility doesn't take priority over accessibility for blind or wheelchair-bound riders, or buying hybrids for the ride share [program] doesn't take priority over special transit vehicles," Johnson said.

The same study shows nearly half of passengers report annual incomes of less than $30,000 and that only 6 percent have household incomes of $60,000 or greater. Among the city population, the median household income is $60,000, which makes the fare increases disproportionately affect low-income residents, Johnson said.

Compared with the overall city population, Austin bus riders are proportionally more ethnically diverse and have lower incomes.

Capital Metro cites an increase in ridership and fuel costs as reasoning for the fare increase and points out on its Web site that it has never increased fares.

Adam Shaivitz, a Capital Metro spokesman, said Thursday that Capital Metro had not yet seen the text of the complaint, so it could not respond specifically. But in a statement released that afternoon, Capital Metro said it has "fully complied with all applicable federal regulations that govern fare increases to ensure that we do not violate Title VI of the Civil Rights Act."