Oakland Airport Connector in trouble

Ran afoul of the civil rights law.

"After losing $70 million in stimulus funds last week because the agency failed to satisfy the Federal Transit Administration's (FTA) minority and equity standards for federal funding, BART lost another $25 million it was expecting from TIGER, money that was important for the agency to secure further federal loans to build the nearly $500 million OAC.

"Basically, it's just devastating," BART spokesperson Luna Salaver said about the OAC developments over the last week. "We had a triple-one project, a shovel ready project, and then it ran into this opposition that was using the Civil Rights Act make the region lose thousands of jobs."

More from the original notice:

"In a stern letter to BART [PDF], Federal Transit Association (FTA) Administrator Peter Rogoff informed the agency that it would not be able to develop a suitable action plan by March 5th to comply with equity and race requirements for the $70 million in stimulus funds for the Oakland Airport Connector (OAC), a move that may kill the project.

"Given the fact that the initial Title VI complaint against BART was well founded, I am not in a position to award the ARRA funds to BART while the agency remains out of compliance," wrote Rogoff.

In his letter, Rogoff said he was sure the project opponents that filed the original complaint with the FTA would proceed with further lawsuits, jeopardizing the tight timeline on stimulus funds. He advised BART and MTC to reallocate the money or the region would risk losing the funds altogether.

"The likelihood of protracted litigation with the parties that made the initial complaint is extremely high," wrote Rogoff. "Given this situation, and the fact that we are now only 3 weeks away from the March 5 deadline, I must bring these discussions to a close so that we can work together to ensure that the ARRA funds can create and preserve jobs in the Bay Area."

This suit concerned the taken of right away from local transit that served a mixed race community. But is really is concerned with the straight jacket that 40 years of contingent claims on federal money has caused. You can be assured that anything done with transit and the federal government will cost three times as much as when local funding is used. We can also be assured that the result will be technology embedding in transportation, because technology is cheap, does the job, and is unable to discriminate.