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Title VI - Nondiscrimination in Federally Assisted Programs

Civil Rights Act of 1964
42 USC 2000(d)-2000(d) (1)


General

This title declares it to be the policy of the United States that discrimination on the ground of race, color, or national origin shall not occur in connection with programs and activities receiving Federal financial assistance and authorizes and directs the appropriate Federal departments and agencies to take action to carry out this policy. This title is not intended to apply to foreign assistance programs.

Section 601 -- This section states the general principle that no person in the United States shall be excluded from participation in or otherwise discriminated against on the ground of race, color, or national origin under any program or activity receiving Federal financial assistance.

~ discrimination State funds that were once used for the Livonia public buses are now planned to match federal grants to expand freeways. This resulted in the permanent closing of handicapped facilities, thus is against race, color and national origin.



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Section 602 directs each Federal agency administering a program of Federal financial assistance by way of grant, contract, or loan to take action pursuant to rule, regulation, or order of general applicability to effectuate the principle of section 601 in a manner consistent with the achievement of the objectives of the statute authorizing the assistance. In seeking the effect compliance with its requirements imposed under this section, an agency is authorized to terminate or to refuse to grant or to continue assistance under a program to any recipient as to whom there has been an express finding pursuant to a hearing of a failure to comply with the requirements under that program, and it may also employ any other means authorized by law. However, each agency is directed first to seek compliance with its requirements by voluntary means.


~ failure to comply The documentation within this website shows the state fuel tax is a viable means to pay for the operating costs of public buses. This tax mechanism has been eliminated without equivalent alternatives to maintain existing facilities. Both state and regional leaders in Michigan have continuously failed to correct this, thus the funding shifts to widen freeways were challenged under the complaint below



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Complaint # DOT 2006-0238

The SMART implementation of the bus service reductions on November 27, 2006 as a result of the City of Livonia, MI to opt out of the Wayne County Transit Authority (by public vote) is a violation against my civil rights, as protected by Title VI of the 1964 Civil Rights Act. This reduction resulted in a disparate impact on those who want to help those unable to drive. With fewer travel options than the majority population of the city and suburbs, they will bear the brunt of the cutbacks and the loss of over $2 Million per year in operating subsidies. This has harmed them, their families and their communities. Current tax laws in Michigan documents that the Michigan Dept. of Transportation (MDOT) must by federal law, have a positive obligation to ensure that the public transportation system is equally accessible to everyone.

Please deny federal funds as described in the SEMCOG TIP 2030 plan for the I-75 and I-94 freeway projects in and near Detroit, MI. The references provided to substantiate this complaint included http://savethefueltax.tripod.com/smart.pdf The SMART Millage Vote ~ shows the money for the Livonia public buses came from the state fuel tax under Act 51, prior to 1995. *(6) SEMCOG TIP 2030... TIP75 | TIP94 under "References and Publications" shows this same money being used to match federal funds to widen freeways.

See ~ Letter to the U.S. Department of Transportation in the references to this report




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The purpose of the next section entitled "The morality of protecting existing tax funds" is to publicly disqualify approved federal grants to expand freeways specifically for the Michigan Department of Transportation by the use of but not limited to the AMERICANS WITH DISABILITIES ACT of 1990 requirements by protesting all transportation tax increases starting with Proposal S which expires in August 2010. The SEMCOG RTP 935 and 2514 projects need to be well known to get them back on the shelf. They deserve no taxpayer support.






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Section 603 provides that any agency action taken pursuant to section 602 shall be subject to such judicial review as would be available for similar actions by that agency on other grounds. Where the agency action consists of terminating or refusing to grant or to continue financial assistance because of a finding of a failure of the recipient to comply with the agency's requirements imposed under section 602, and the agency action would not otherwise be subject to judicial review under existing law, judicial review shall nevertheless be available to any person aggrieved as provided in section 10 of the Administrative Procedure Act (5 USC 1009). The section also states explicitly that in the latter situation such agency action shall not be deemed committed to unreviewable agency discretion within the meaning of section 10. The purpose of this provision is to obviate the possible argument that although section 603 provides for review in accordance with section 10, section 10 itself has an exception for action "committed to agency discretion," which might otherwise be carried over into section 603. It is not the purpose of this provision of section 603, however, otherwise to alter the scope of judicial review as presently provided in section 10(e) of the Administrative Procedure Act.



United States Department of Transportation - Federal Highway Administration



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