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Group alleges MBTA didn’t follow federal rules to ensure equitable shutdown of Orange Line

“The MBTA’s failure to meaningfully conduct an equity analysis has harmed and burdened communities of color and low-income communities.”

August 24, 2022

3 minutes to read

A local nonprofit focused on civil rights is raising concerns that the MBTA did not follow federal rules and policies related to ensuring equity before instituting the month-long shutdown of the Orange Line.

Lawyers for Civil Rights is asking federal authorities to intervene and provide oversight by conducting a review of the MBTA’s Title VI compliance. The group is also asking the MBTA to immediately undertake an equity analysis for the closure of the Orange Line and “adopt mitigation steps” for the remainder of the planned shutdown.

The group sent letters outlining their concerns and requests on Wednesday to officials at the MBTA, MassDOT, U.S. Department of Transportation, Federal Transportation Administration, and U.S. Attorney Rachael Rollins.

Iván Espinoza-Madrigal, executive director of Lawyers for Civil Rights, said in a statement that as an agency receiving federal funding, the MBTA is required by the FTA to “conduct a service equity analysis whenever a major service change is proposed to determine whether the change will have a disproportionate impact on communities of color and/or low-income communities.”

“It does not appear that the MBTA has followed federal rules and policies in closing down the Orange Line,” Espinoza-Madrigal said in a statement. “The MBTA’s failure to meaningfully conduct an equity analysis has harmed and burdened communities of color and low-income communities.”

As an example, Espinoza-Madrigal pointed to the MBTA providing “inadequate attention” communicating alternative routes to Orange Line passengers who have limited English proficiency.

“While some signage is available in some other languages, this is inconsistent at best,” he said. “Similarly, while the MBTA has relied heavily on personnel on-the-ground to direct riders to alternative modes of transportation, there is a distinct lack of such personnel who speak languages other than English.”

A spokesperson for the MBTA pushed back on the group’s allegations, saying “per FTA regulations, an equity analysis is not required where, as here, the service change is temporary and will not be longer than 12 months.”

The spokesperson also pointed to mitigation measures the MBTA has undertaken so far, including offering the rider’s guide to the closure in eight languages and making the agency’s online trip planner available in 14 languages.

“Station signage is also translated into multiple languages where appropriate and some key stations have multilingual customer service staff,” the response from the MBTA stated.

The MBTA kicked off the month-long closure of the Orange Line on Friday night, replacing rail service on the transit line with shuttle buses and additional service on nearby commuter rail lines. Monday marked the first weekday commute under the shutdown, which Gov. Charlie Baker and the MBTA have said was necessary in order to make long-needed repairs to the line.

So far, officials have said the unprecedented 30-day closure is going smoothly.

Since the MBTA announced its plans for the shutdown, concerns have been raised about the impacts on low-income communities and communities of color. The MBTA’s plans for replacement service did not initially include shuttle bus service to Chinatown. But in response to concerns, it expanded services to the area, offering several hours of shuttle bus service during two windows of time in Chinatown, which at least one Boston city councilor continues to say is not sufficient.

In raising the concerns about the MBTA’s approach to the shutdown, Lawyers for Civil Rights alleged it would not be the first time the transit agency has engaged in “inequitable and discriminatory conduct.” The group pointed to the cancellation of late night bus service in 2016, which they allege “unjustifiably” burdened people of color and low-income riders, and accusations that the agency disproportionately issues citations for fare evasion to people of color, among other allegations.

In the letter addressed to MBTA General Manager Steve Poftak and MassDOT CEO Secretary Jamey Tesler, Lawyers for Civil Rights said that the issues, like gaps in service to Chinatown and inconsistent signage in languages other than English, that could have been flagged and prevented are now being addressed in a “haphazard, last-minute fashion,” exacerbating the harm of the line’s closure on communities of color and low-income communities.

“These and other similar issues can only be expected to escalate in the coming weeks, as schools and colleges re-open,” the group wrote. “Particularly for communities of color and low-income communities, which are already struggling with the disruptions brought on by the COVID-19 pandemic, this ongoing transportation disruptions is likely to translate directly into lost educational and employment opportunities, unless significantly greater mitigation steps are taken.”

In addition to the request that the MBTA immediately undertake an equity analysis — and accompanying mitigation measures — of the Orange Line closure, the group is also asking that an independent consultant undertake an equity analysis on all of the transit agency’s practices and policies.