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On December 1st, 2008 Regional Transit unlawfully, wrongfully, illegally implemented a policy against elderly disabled paratransit card riders in violation of their federal, state, civil and constitutional rights by charging fares that they have no right to collect.
Federal transportation code law 49 USCS 5310 J, states that individuals with disabilities and elderly individuals, "Are not required to pay a fare." On the upper right hand corner of the paratransit card it states, "No RT fare required."
Federal government policy is that elderly and disabled individuals have the same right as other individuals to use mass transit service and facilities pursuant to code 49 USC 5301d. Riders are not to be discriminated against due to age and disability via 49 USC 5301 code.
It could be reasonably considered wrongful financial seizure of elderly and disabled RT riders income pursuant to the 4th amendment. In effect regional transit riders are being deprived of their monetary property without due process of law, taken from them without just compensation, in violation of their 5th amendment rights.
Additionally they are being denied their 14th amendment equal protection rights under law, as they are under their 9th amendment rights.
It can also be reasoned that this constitutes cruel and unusual punishment against their 8th amendment rights to these protected class of elderly disabled riders under law.
Civil rights are to be honored, respected and upheld at all times as regards federal code 42USC 1983 and pursuant to California constitution Article 1 Section 7 that states "A person may not be deprived of life, liberty or (monetary) property without due process of law."
California State Public Utilities code 523 Subdivision B points to the fact that indigent destitute bus and light rail riders are all allowed free rate transportation in California.
United States federal government and Congress has mandated that "Ending transportation or continued increase in the cost to the user is undesirable, may seriously adversely affect welfare of a substantial number of lower income individuals pursuant to federal code 49 USC 5301 (5)."
Under aforementioned 49 USC transportation code, no person may be excluded from (monetarily) or discriminated against, by regional transit as RT receives federal government financial assistance.
California state code laws additionally prohibit such unlawful, arrogant conduct by RT, in deliberate indifference to the welfare, health, safety and well being, physically, emotionally and financially to its elderly and disabled Paratransit card riders.
California state law codes civil 51-54 prohibit discrimination and interference and enjoyment of rights in all forms against elderly and disabled riders. California government codes 11135, 4500 prohibit discrimination also against such riders. Gov't 500 code allows disabled riders access to RT transportation without financial monetary hinderance nor interference.
Gov't codes 12955 and 12948 prohibit RT interference in usage, exercise and enjoyment of elderly and disabled Paratransit card holders' rights.
It is a conflict of interest under government codes 82014 and 87300 for RT to request that elderly and disabled Paratransit card holders pay fares in violation of federal and state laws that state otherwise.
Under government code 815.6, Regional Transit has a mandatory duty to protect it's elderly and disabled riders from fare payments entirely. It can also be reasoned that under 835.6 and 840.2 that as a public entity RT is liable for its wrongful acts and omissions that jeopardize the physical and financial health, safety and well being of its riders wrongfully, needlessly, recklessly endangering them.
One could surmise via penal code 368, elderly financial abuse has been initiated by RT and under penal codes 518 and 519 extortion of elderly and disabled RT card riders is taking place and ongoing.
Regional Transit has a mandatory duty under California Code of Civil Procedure 1708, not to enfringe on elderly and disabled paratransit card holders' rights by outright blatant theft, violating penal code 484(a) in wrongful taking, confiscating riders' monies under false pretenses.
Under civil code 1709 RT is liable for its deceitful actions.
RT shall not engage in its conflict of interest real or apparent as stated in Welfare and Institutions Code 9538(a) as services for the economic and personal well being shall be fostered pursuant to W and I Code 15600(f) as under W and I 15610.30(a12) RT takes monetary property of said riders with intent to defraud.
It can be argued in my opinion the unlawful financial monetary restraints RT currently places on its disabled and elderly riders is a form of financial kidnapping pursuant to federal code 18 USC 1201.
I call this to your attention dear reader so that you may be informed properly of the federal and state law violation perpatrated against, some of our most vulnerable citizens, especially those who ride RT. I hope that you or anyone of those you know may assist in taking any and all concrete steps necessary, legally and personally, to rectify this unjust financially devastating actions promoted by RT against those who can ill afford it most and for those who are far more deserving of better treatment than that shown them by RT.
