Hot Springs board declines to uphold permanent transit ban for Timothy Zaleski after disputed history and public pleas

The Hot Springs Board of Directors on Feb. 4 declined to adopt a resolution upholding a Transportation Advisory Committee decision to permanently ban Timothy Zaleski from Hot Springs intercity transit services, voting 3–4 against the ban after public testimony and detailed staff briefing.

The item reached the board after a May 2020 incident in which a transit driver was punched; a staff packet and the Transportation Advisory Committee record documented suspensions, a hearing in 2023 and subsequent conduct that prompted a renewed ban determination. Lance Spicer, deputy city manager and staff lead on the item, summarized the timeline and described the agency’s two service types: fixed-route buses (fare $1.25, about 43,000 trips in 2024) and ADA paratransit (fare $2.50; 159 eligible clients and about 6,800 paratransit trips in 2024).

The board heard from family members and supporters who urged restoration of Zaleski’s service. Troy Robinson, a family representative, said Zaleski is disabled and that a previous suspension had been served; he asked the board to reinstate service. Candy Farmer, who identified herself as Zaleski’s caretaker, said she submitted a paratransit application in late 2023 and had not received written follow-up. Zaleski told the board he was in a coma after a 1999 car crash, called himself disabled and said, "I was told that last meeting... if I went 6 months without causing any trouble... I might be able to ride the bus again. So I followed by all your rules." (Timothy Zaleski, remarks to the board.)

Staff advised the board that paratransit eligibility is a medical-certification process and that being disabled alone does not automatically qualify a rider: eligibility typically depends on functional limits such as inability to reach an accessible bus stop. Spicer explained that Zaleski’s residence at the High Rise is near an accessible stop, which could make paratransit ineligible for many routine trips and that paratransit operates as an origin-to-destination, 1-to-1 service, while fixed-route buses carry many riders.

Directors debated safety versus access. Director Dudley Webb argued for upholding the Transportation Advisory Committee’s ban, citing the May 2020 assault on a driver and the transit passenger code of conduct. Director Phyllis Beard urged leniency and suggested Zaleski’s traumatic brain injury and the length of time since the incident merited giving him another chance. The board considered, and rejected, an amendment that would have limited any ban to fixed-route service while allowing medically eligible paratransit on a trip-by-trip basis (the amendment failed on a roll call).

After debate the board voted on the original motion to uphold the Transportation Advisory Committee recommendation for a permanent ban. The roll call on that motion recorded the following: Director Marsha Dobbs Smith — no; Director Dudley Webb — yes; Director Karen Garcia — yes; Trustee (name listed as Trustee) — no; Director Erin Holiday — no; Director Phyllis Beard — yes; Mayor Pat McCabe — no. With four votes against, the motion to uphold the TAC ban failed and the board did not adopt a permanent ban. The mayor later clarified to the room that "there is no ban. Of any kind." (Mayor Pat McCabe, remark recorded by staff.)

Outcome and next steps: The board did not impose a permanent ban. Staff said Zaleski’s ADA paratransit application remained pending and would be processed; fixed-route use would likewise be permitted only if the board did not maintain a ban and if operational concerns could be managed by transit staff. Spicer emphasized the passenger code of conduct remains in force and that further violent or safety-threatening conduct would lead to suspension or permanent exclusion under the established policy.

The board’s vote preserved staff discretion to process Zaleski’s paratransit application and signaled that future incidents could prompt formal suspension consistent with the passenger code of conduct. The record of the staff presentation, Transportation Advisory Committee action, and public testimony will be part of any follow-up actions.