U.S.

Department of Justice

Civil Rights Division

Disability Rights Section

P.O. Box 66738
Washington, DC 20035-6738
XX
XX
Glen Burnie, Maryland XX

Dear Mr. XX

Senator Barbara Mikulski has forwarded your complaint

regarding the Delaware River and Bay Authority, which operates
the Cape May - Lewes Ferry, to this office for response. Your
letter indicates that the Cape May - Lewes Ferry encourages
reservations, requires such reservations to be made during
business hours, and requires reservations to be made at least 24
hours in advance. Your letter contends that the reservation
system should provide extended reservation hours for people with
disabilities and should accept short-notice reservations from
people with disabilities.

The Americans with Disabilities Act (ADA) prohibits

discrimination on the basis of disability by State and local
governments and places of public accommodation. It requires
covered entities to reasonably modify their policies, practices,
or procedures when such modifications are necessary to avoid
discrimination on the basis of disability.

Your letter does not indicate that the Cape May - Lewes
Ferry's reservation policies distinguish between people with
disabilities and people without disabilities or that the policies
affect people with disabilities differently from people without
disabilities. Rather, the hours and policies apply identically
to both. Because the reservation system does not appear to
discriminate on the basis of disability in violation of the ADA,
we will take no further action in this matter.
01-04305

-2-

For your future reference, complaints of disability-related

discrimination against fixed-route transportation systems, such
as the Cape May - Lewes Ferry, are investigated by the U.S.
Department of Transportation. Such complaints may be submitted
directly to that department at the following address:

Departmental Office of Civil Rights

Office of the Secretary
Department of Transportation
400 7th Street, S.W.
Room 10215
Washington, D.C. 20590

Telephone: (202) 366-4648.

I hope this information is helpful to you.

Sincerely,

John L. Wodatch
Chief
Disability Rights Section

cc: Senator Barbara Mikulski

01-04306
XX
Glen Burnie, MD XX

The Honorable Barbara A. Mikulski

United States Senate
World Trade Center, Suite 253
Baltimore, MD 21202-3041

Dear Senator Mikulski:

I wrote the Cape May-Lewes Ferry on March 5, 1996 with a

complaint that their Reservation System failed to take into
consideration the needs of the Handicapped; and I proposed a
very easy and inexpensive way to eliminate the problem (copy
enclosed).

The reply I received from the Delaware River and Bay

Authority (a bi-State Agency of Delaware and New Jersey)
dated March 18, 1996 in no way directly responded to my
complaint (copy enclosed).

Under the Constitution, Rivers and Navigable Waterways are

under Federal jurisdiction usually by the Army Corps of
Engineers or the U. S. Coast Guard. Bi-State compacts such
as the Delaware River and Bay Authority need the approval of
Congress; and the Ferry is obviously engaged in Interstate
Commerce, also a Constitutional matter.

I would very much appreciate it if you would direct my

complaint to the proper Federal Agency that would handle this
bi-State matter under the American with Disabilities Act
(ADA) of 1990 [42 U.S.C. 12101 et seq.].

Sincerely
XX

01-04307
THE DELAWARE RIVER AND BAY AUTHORITY
Post Office Box 827
DELAWARE MEMORIAL BRIDGE Cape May, New Jersey 08204 CAPE
MAY-LEWES FERRY
609-889-7200
Fax: 609-886-1021

CAPE MAY FERRY TERMINAL

March 18, 1996

XX
XX
Glen Burnie, MD XX

Reference (a) Your letter dated March 5, 1996

Dear Mr. XX
 Thank you for your recent letter concerning our reservation system
policy and the specific needs of disabled customers. The Cape May -
Lewes Ferry system encourages feedback from our patrons and it is such
input from concerned customers like yourself that has helped us improve
in recent years.

This is the second year of a very intricate reservation system and we

are making progress each season. As to your specific observations,
although our reservation line has limited hours during the slower winter
season, they are open and available to take reservations on weekends
from early May to mid-October, with expanded daily hours of 7:00 a.m. -
8:00 p.m. during most of our busy summer season, May through September.
Same day reservations are not available at this time.

Although I cannot be specific with dates, the Ferry is proceeding with

plans for new terminal facilities and refurbished vessels, all which
will better address the needs of the disabled traveler. Once again,
thank you for your comments and suggestions. We will examine possible
solutions and look forward to serving you even better in the future.

Sincerely,

Larry Sharp
Director of Marketing
Cape May Lewes Ferry

01-04308
5 March 1996
XX
Glen Burnie, MD XX
Cape May - Lewes Ferry
P. O. Box 517
Lewes, DE 19958
Gentlemen:

Last month, I tried to make Ferry reservations, but I

wasn't able to do so.

Your brochure (1996 Winter Schedule, January 2 - April 3,

1996) says in part:

"Reservations are encouraged. Call 1-800-717-SAIL (7245)

to guarantee your space. Reserve at least 24 hours in
advance. Processing fee: $5. No same-day reservations
accepted".
...
"Reservation line hours - 8:30 am - 4:30 pm (Mon-Fri)".

This means that after 4:30 pm on a Friday, I can't get

reservations for that Saturday, Sunday or Monday. The
earliest reservation I can get is for Tuesday (if I call on
Monday). I am handicapped/disabled and your reservation
requirements are unacceptable for my needs. Being disabled
means that I have physical limitations as to when and how and
with whom I can travel; and your extremely severe reservation
requirements do not take my needs into account.

The Americans with Disabilities Act (ADA) of 1990 (42

U.S.C. 12101 et seq.) requires that business, industry, state
and local government and quasi-governmental units accommodate
individuals with disabilities to the fullest extent possible.

Since you have a reservation system already set up, I am

asking that you make only a slight modification to it for
your disabled customers. Have your telephone announcement
add something to the effect that if the caller is disabled,
then reservations will be accepted for the same-day, and on
Saturday and Sunday also. You already have employees who can
cover this small additional duty.

To make sure that the non-disabled do not impose on you,

you could require that the Handicapped auto license plate or
window ID card number be given at the time of reservation.
On arrival, verify the Handicapped license or ID number; and
if a non-disabled person is abusing the system, he could be
given a ticket as if he parked in a reserved Handicapped
parking space.
01-04309

Please let me know as soon as possible when you will

implement this or a better reservation system for the
disabled.

Sincerely,
XX
01-04310