ckb wrote:Yeah, but Community College and Malden Center weren't completely rebuilt like Savin Hill was. See "Pete"'s comments a few posts earlier that the ADA holds new construction to stringent standards that it doesn't necessarily hold older buildings too.
I acknowlege the point about new construction and it's been proven with the Blue Line 10 years ago when the stations beyond Orient Heights were torn down and made accessible. However I am stating simply that the main argument here regardless of where everyone stands and what they say still remains that with the two examples(Malden Center and Community College) the opening without the ADA access is a mute point. It can't be done without further delaying the compliance of the station.
Doesn't look like anyone here is expert on what those standards are or what category Savin Hill falls under. It does feel like any leniency the ADA or courts, etc. might have granted wasn't going to go the MBTA's way given their current, public struggles with elevator and escalator maintenance. Someone is trying to teach a lesson. Problem is, the MBTA may not be receiving the lesson since they say there's no way to get the elevator in earlier. Hopefully they will learn for the next time.
Actually the MBTA gave in to the demands by not opening the station, which shows they have learned from mistakes in the past. However the T also has the "wrath" of the locals to deal with due to giving into the demands, which may come back to bite the T later on. Lose/lose situation, but compared with the loss of more money from lawsuites and bad press the lesser of two evils is better than nothing.
And "next time" is not likely to come for decades as the last of the stations are already set to being their designs and construction and unless there is a drastic change in the system calling for expansion beyond the dreams of railfans and "advocates" we are not likely to see any more changes to stations for years.
On the other hand ... it is a pretty silly ruling from a rider's perspective. The elevator at Harvard Station is out of commission. But no one is suggesting that Harvard Station should be shut down .....
Harvard has alternative means of entry that the T is utilizing, other stations don't have that luxury and would have to be closed for a while.
<putting on facetious idea cap>the MBTA should have pretended the elevator was there for the opening day of the station (i.e. install fake doors, etc.), then scribble a handwritten "out of order" sign on it and the would have been good to go <removing said cap as well as tongue from cheek> 
What you are suggesting is illegal and would never work. But don't think the idea didn't cross the contractors' minds
