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46 Seton Hall Legis. J. 221 (2022)
Achieving Access Equity: Undoing De Facto Discrimination in Public Transit

handle is hein.journals/sethlegj46 and id is 221 raw text is: ACHIEVING ACCESS EQUITY: UNDOING DE FACTO DISCRIMINATION IN PUBLIC TRANSIT Giancarlo Piccinini* I. INTRODUCTION This comment outlines a creative approach to addressing the problem of access inequity. Access inequity describes de facto discrimination in public access to travel and arises out of transit- related access disparities to otherwise available social, economic, and educational opportunities. Access inequity thusly construed focuses on a person's access to opportunity both at a time and over time, impacting people not only individually, but also generationally. Such access disparities manifest in transit most often on public roadways, where private automobile transit is preferred over public transit. Because roadway transit dominates transit infrastructure, reliance on private transit as a policy choice inequitably excludes most non-driving commuters and unsustainably increases traffic density. The need to travel by car to travel in most areas lends to the ubiquity of the problem, and without adequate transit alternatives, access inequity continues. This comment begins by providing background on the problem and setting the stage as to why New Jersey's public transit is ripe for reconsideration, focusing first on the powers unique to local governments in New Jersey, and second on the historical development of transit infrastructure in New Jersey. Section III addresses the problem's theoretical and historical antecedents to illustrate how access inequity offends the constitutionally protected freedom of movement and right to travel and stems from the effects of de jure discrimination in housing. Section IV examines the problem of access inequity on the roadways, and Section V proposes a long-term solution to the problem presented. The comment then concludes by noting the moral imperative behind vindicating the fundamental freedom of movement and right to travel to ensure equitable access to both 221

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