Port Bolivar Elderly Win Ferry Settlement

PRESS RELEASE

ELDERLY PORT BOLIVAR RESIDENTS WIN SETTLEMENT OF DISABILITIES SUIT AGAINST TxDOT FOR UNLAWFULLY DENYING THEM ACCESS TO PORT BOLIVAR FERRY

Three elderly residents of Port Bolivar with disabilities have won settlement of their suit in federal court in Austin against the Texas Department of Transportation, charging violations of federal and state disability laws and privacy rights. Jody Barton, staff attorney for the Texas Civil Rights Project represented the residents.

“Many elderly residents with serious medical conditions were being denied reasonable access to the ferry and thus unable to get to Galveston,” said Jody Barton. “The Port Bolivar ferry was their only means of access off the peninsula. The lines to board the ferry can be up to two hours long, particularly in the spring and summer, when Port Bolivar is a spring break destination and renowned for its beaches. “A person’s disability travels with them wherever they go, whether for a doctor’s visit or to the grocery store.”

“We tried to make trips when we thought the ferry lines would be short, but sometimes that was not possible,” said Port Bolivar resident, Cliff Winters, husband of Plaintiff Beverly “Joan” Winters. “Often times, we had been unable to leave the island.”

The disabilities, which some elderly residents have, include paralysis and severe circulatory conditions. Such debilitating disabilities are exacerbated by any extended wait time in a vehicle. TxDOT used to issue “medical priority passes” to residents with disabilities to priority board when visiting their doctor in Galveston. On September 1, 2006, TxDOT revoked the medical passes.

Under the settlement, TxDOT has reestablished priority boarding for people with disabilities, and awarded plaintiffs their court costs and attorneys’ fees. “We are all pleased that we have been able to achieve this settlement, accommodating travelers with disabilities,” said Barton.

The Port Bolivar peninsula is an isolated strip of land off Galveston island with a population of some 3,000 residents. A waterway separates the peninsula from Galveston on the mainland. TxDOT provides a ferry service as the only means to travel to and from Port Bolivar. As of December 23, 2006, TxDOT reduced the number of boats at the ferry. This increased the wait at the ferry lines, and further frustrated Port Bolivar’s elderly residents with disabilities.

For further information, please contact Jody Barton or Jim Harrington at 512-474-5073.