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43 In addition to the survey responses, it may be noted Table 5. that the Ninth Circuit in Midgett, supra, in 2009 held Transit Agencies' Coordination with Govern- that the evidence demonstrated TriMet's intention to ment Agencies and Others When Reducing Ser- comply in good faith with the ADA as demonstrated "by vice or Increasing Fares its practices and programs directed at ensuring ADA compliance...."565 The court observed that the FTA had Transit Agencies That 54 found that, based on TriMet's FTA Triennial Review, Coordinate with Govern- the agency was in compliance with the ADA and that a ment Agencies and Others TriMet internal report showed that its lift-performance Transit Agencies That 6 exceeded that of providers in similar communities.566 Do Not Coordinate with The court stated that "Tri-Met...presented extensive Government Agencies and evidence showing that it has specific programs in place Others to address ADA issues, including a procedure for classi- Transit Agencies Not 4 fying ADA-related calls as urgent, training programs to Responding instruct officers how to address ADA-related issues, periodic quality control inspections by outside investi- One agency reported that many "[i]ssues have been 567 gators, and specific practices related to lift failures." resolved through one-on-one discussion between elected The court held that "TriMet's practices and procedures officials and our Director of Planning, Director of Busi- for ensuring ADA compliance further show that Plain- ness Development, Executive Director and Chairman" tiff does not face a threat of immediate irreparable and that "extensive outreach to potentially affected harm without an injunction."568 partners is done including community partners [and] In sum, of the agencies reporting that they have an governmental entities." ADA policy, most referred to their policy for handling One agency describing its practice when making a ADA complaints. One agency described how it had re- change in transit service stated that it: solved complaints regarding service reductions or in- creases in fares by explaining why the changes were · Held public hearings to solicit public comments in necessary. As seen, one agency in an ADA case pre- accordance with the Public Hearing Policy adopted by sented extensive evidence satisfactory to the court that its board. the agency was in compliance with ADA laws and regu- · Contacted over 100 elected officials and civic lead- lations and had a policy for dealing promptly with ADA ers by means of letters and phone calls. issues. · Conducted research and analysis both locally and nationally. E. Transit Agency Coordination · Talked to customers on buses and trains. Fifty-four transit agencies stated that when consid- · Facilitated meetings with editorial boards at local ering a reduction in transit service and/or an increase media companies. in fares, they coordinate with other government agen- · Organized team forums for input from front line cies, nongovernmental associations or groups, and the experts. public. Six agencies stated that they do not; four agen- cies did not respond to the inquiry. Miami Dade Transit (MDT) in Miami, Florida, de- scribed in some detail its practices, which include con- sultation and coordination "with the Metropolitan Planning Organization, the Citizens' Independent Transportation Trust, and other local transit agencies prior to implementing changes of this nature." These discussions take place in publicly advertised meet- ings. In addition, MDT encourages public involvement and participation in transportation-related issues, con- ducting interactive presentations with communities across the county. MDT's public involvement section monitors help develop a proactive public involvement process that provides complete information, timely public notice, full public access to key decisions, and supports 565 Midgett v. Tri-County Metro Transp. Dist., 254 F.3d, 846, early and continuing involvement of the public in develop- 851 (9th Cir. 2001). ing transit issues. ...MDT has adopted an involvement 566 plan in an effort to foster two-way communication and Id. at 849. 567 trust between the county government and the citizens of Id. (citation omitted) (internal quotation marks omitted). [the] County and to ensure that public transit programs 568 Id. at 850. reflect community values and benefit all segments of the