Disabled in Action of Pennsylvania v. Southeastern Pennsylvania Transportation Authority

The Southeastern Pennsylvania Transportation Authority (SEPTA) (defendant) provided public transportation in part of the state, including a subway system. SEPTA received funding to renovate two subway stations in Philadelphia (city) but was required to meet tight timelines. SEPTA applied for a building permit with the city that would allow a variance from local building codes and let SEPTA avoid building an elevator in one of the stations. Disabled in Action of Pennsylvania (DIA), a disability-rights organization, heard about the application and contacted SEPTA and the city about accessibility concerns and a possible need for litigation. SEPTA allegedly assured the city and DIA that it would put an elevator in its other station renovation. The city granted the permit, and DIA delayed filing a preconstruction claim based on the assurance. SEPTA finished construction of both stations and failed to put in an elevator at either location. Eight months after construction of the first station was completed, DIA filed suit against SEPTA for violating the Americans with Disabilities Act (ADA) and the Rehabilitation Act. DIA filed an amended complaint to include the second station renovation over a year after construction was completed. DIA argued that the renovations were alterations that triggered the federal statutes and that the stations were not accessible as required by law. DIA sought an injunction to compel SEPTA to install elevators at both locations. The district court granted summary judgment to SEPTA, finding that the claims were barred by the statute of limitations. DIA appealed to the Third Circuit.