Application of the Undue Burden Test to Mass Transportation: Parallel or Pitfall

Authors

Winston Peters

Abstract

Although Congress has passed several statutes mandating equal access to mass transportation for the physically handicapped, mainline transit systems for the most part remain inaccessible to this group. This Comment analyzes the legislative history of section 504 of the Rehabilitation Act of 1973 and other federal statutes enacted to guarantee equal access to mass transportation, and discusses recent cases construing these provisions. The Comment concludes that modification of mainline transit systems need not constitute an "undue burden" as defined by the United States Supreme Court in Southeastern Community College v. Davis, and that local transit authorities have an affirmative obligation to make reasonable modifications of their systems to accommodate qualified handicapped individuals.

Recommended Citation

Winston Peters, Application of the Undue Burden Test to Mass Transportation: Parallel or Pitfall, 34 Hastings L.J. 491 (1982).
Available at: https://repository.uclawsf.edu/hastings_law_journal/vol34/iss2/6