NEIGHBORHOOD ASS'N, BACK BAY v. FEDERAL TRANSIT

No. CIV.A.05-11211-JLT.

407 F.Supp.2d 323 (2005)

NEIGHBORHOOD ASSOCIATION OF THE BACK BAY, INC. and THE BOSTON PRESERVATION ALLIANCE INC., Plaintiffs, v. FEDERAL TRANSIT ADMINISTRATION and MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, Defendants.

United States District Court, D. Massachusetts.

December 28, 2005.


Attorney(s) appearing for the Case

John Devereaux, Office of John R. Devereaux, Neighborhood Association of the Back Bay, Inc., Boston, for Neighborhood Association of the Back Bay, Inc., The Boston Preservation Alliance, Inc., Plaintiffs.

Laurence E. Hardoon, Brody, Hardoon, Perkins & Kesten, LLP, Boston, for Neighborhood Association of the Back Bay, Inc., The Boston Preservation Alliance, Inc., Plaintiffs.

Erika M. Holmes, Brown Rudnick Berlack Israels LLP, Boston, for Massachusetts Bay Transportation Authority, Defendant.

Stephen M. Leonard, Brown Rudnick Berlack Israels LLP, Boston, for Massachusetts Bay Transportation Authority, Defendant.

Barbara Healy Smith, United States Attorney's Office, Boston, for Federal Transit Administration, Defendant.


MEMORANDUM

TAURO, District Judge.

Under Title II of the Americans With Disabilities Act ("ADA"),1 public transportation agencies are required to make certain identified stations handicap accessible. Copley Station, which is located within the Back Bay Historic District, is one such identified station. Contrary to that federal mandate, however, Copley Station is not currently ADA complaint. In order to rectify that failure, Defendants...

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