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இல்லம் / ஆல்பங்கள் / Victory in the Courts, Spring & Summer 1989 27
பதிந்த தேதி / 2015
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METRO Magazine March/April 1989 pp.18 - 21 Court Rules On Wheelchair Accessibility U.S. Court of Appeals orders that all new transit buses be wheelchair lift-equipped and paratransit service provided. by Jason Knott (This story continues through 484, 471, 470, 465, and 466. However, the entire text of the story is included here for ease of reading.) DRAWING: A large balance scale with a bowl hanging from each side of the balance. One bowl has the acronym APTA in it, the other has ADAPT. QUOTE below the picture: “I don’t think the government should mandate installation of lifts. It can become expensive for the smaller transit properties." —Davis There are more than 40 million disabled Americans and an estimated 67 percent of them are unemployed, according to the National Easter Seal Society. Meanwhile, a recent Harris poll revealed that three out of every 10 disabled persons say they cannot work because of a lack of accessible transportation. Moreover, the same poll shows that 49 percent of the disabled believe their mobility is limited because of transportation barriers. These statistics confirm that public transit accessibility is an important ingredient to mainstreaming the handicapped into society. On the flip side of the coin are the public transit authorities who are in the business of transporting ambulatory, as well as handicapped, persons in the most economical method possible. It would seem that the handicapped, who depend on public transit, would be natural constituents of transit agencies; however, the two groups have been at odds for years, grappling with each other over the accessibility of service. In particular one handicapped rights group — ADAPT (Americans Disabled for Accessible Public Transit) — has been fighting with public transit across the nation. ADAPT wants every fixed route transit bus equipped with a wheelchair lift. In order to express its point, the group conducts disruptive protests at conferences held by the American Public Transit Association (APTA). (See September/October 1988 METRO Magazine, “When Rights Clash," page 79) Today, disabled Americans can chalk up a victory in their constant battle for a broader distribution of handicapped-accessible transit service. On February 13, a federal appeals court ordered the U.S. Department of Transportation to require transit authorities to equip all newly purchased buses with wheelchair lifts. The 3rd Circuit Court of Appeals in Philadelphia also determined the 3 percent cap placed on transit agencies for handicapped expenditures was too low in the case entitled “ADAPT vs. Burnley." Wade Blank. director of ADAPT, applauded the court decision, saying the ruling is significant in the sense it is "evolutionary." Blank said, "We are now getting back to where we were in 1978. When we filed originally, we targeted the 3 percent cap. We decided to broaden the case because the climate in the country has changed. We talked with our attorneys and they broadened it to include the original intent of Section 504, and to really challenge the 1980 case that APTA brought. We are victorious because of a major mood change in the country regarding handicap accessibility." Blank cited two other recent rulings in Detroit and Chicago favoring handicapped accessibility. The Philadelphia ruling is in conflict with APTA's official policy, which was spelled out in a position paper reissued in October 1988. The association favors the local-option approach by which each local transit authority determines its own handicapped transportation policy. APTA's Board of Directors recently rejected a similar proposal calling for all new transit buses to be lift-equipped, according to Albert Engelken, deputy executive director. In other words, APTA believes that each local transit authority should create its own balance between demand response - or dial-a-ride — service, and fixed route accessibility. “It is very important that people realize that APTA is not against wheelchairs on transit buses," said Engelken, “rather, we are for local decision. The board of directors unanimously supports this approach. Every transit system makes their decision after in-depth consultation with the local disabled community. They are not making their decisions blindly." What next? The Department of Transportation is currently exploring its options, which include seeking a rehearing by the appeals court, appealing the-decision to the U.S. Supreme Court, or accepting the ruling. Michael Jacobson, spokesman for the DOT, could not give an estimate on when a decision might be made. An appeal is possible despite President Bush's recent campaign commitment to handicapped programs. Whether the decision will affect bus procurements that are currently - underway is unclear. Jack R. Gilstrap, APTA's executive vice president, issued the following statement concerning the ruling: “Because of the cost impact of the decision which requires lifts on all new buses plus paratransit service, and because it is inconsistent with other court decisions which create conflicting obligations on the part of the DOT and local public transit systems, APTA is urging DOT to challenge the decision." “Obviously this decision is extremely important," said Charles Cowie, national sales manager for Mobile Tech Corporation, a Hutchinson, Kansas-based manufacturer of wheelchair lifts for transit buses. “The objective is to make accessibility and mobility easier for the disabled, but to some, the decision favors a sector of the populous that is not altogether popular." “In a philosophical sense, the ruling is great," said Bill Hinze, National Sales Manager for Ricon, a dedicated lift manufacturer in Sun Valley, Calif. “It’s like a mandate for racial integration — it should have been done years ago." However, Hinze indicated he is still an advocate of demand response systems. “I don't think the government should mandate installation of lifts," said Bob Davis, vice president of Bus Manufacturing USA, a Goleta, Calif.-based distributor of semi-automatic lifts. “It can become expensive for the smaller transit agencies." The court also ruled that the current 3 percent cap on handicapped spending was insufficient; however, many agencies were already spending a higher percentage. In fact, in California and state law already requires all newly purchased transit buses to be equipped with wheelchair lifts. “Other states were already adhering to a similar policy, although it is not written in law," said Don Smith, director of marketing for Lift-U, Inc. in Escalon, Calif. According to Engelken of APTA, an average of 6 percent of transit expenditures are directed toward improving handicapped transportation already — double the required limit. Moreover, an APTA survey indicates that 31 percent of all transit vehicles are lift equipped, with the number steadily rising. The court decision comes in the wake of several different movements toward the improvement of handicapped accessibility to public transit. [Subheading] Project ACTION As part of the APTA’s Elderly and Disabled Task Force, a three-year Congressional program called “Project ACTION" (Accessible Community Transportation In Our Nation) will soon establish six demonstration sites nationwide to study handicapped transit accessibility. The National Easter Seal Society is conducting the three-year, $3 million undertaking. Congress has earmarked $1 million in fiscal year 1988 UMTA research and technical assistance funds to initiate the project, and an additional $1.35 million in fiscal year 1989. Project ACTION is designed to improve access to transit services for the handicapped. It will involve national and local organizations representing public transit operators, the transit industry, and people with disabilities in the development of a cooperative model program promoting greater access to transportation. Project ACTION is the result of a mandate from Congress to find ways to better accommodate the transportation needs of people with disabilities. The program will focus on five key concerns of people with disabilities and local transit operators seeking to improve transit: * Identifying persons with disabilities in the community. * Developing effective outreach and marketing strategies. * Developing training programs for transit riders. * Developing assistive programs for people with disabilities. * Applying appropriate technology to solve critical barriers to transportation and accessibility. “APTA’s task force is examining numerous areas to improve handicapped transportation," said Engelken. “We are looking at how to improve the marketing of service and we are struggling with the wrenching problem that exists in that area. "We have to make sure that people are riding the buses,” added Engelken. “If we don't, then the federal and state government are going to say that transit agencies are spending their money unwisely.” [Subheading] Operating costs The court decision also comes at a time when some transit agencies are lowering their wheelchair lift operating costs. In fact, figures released by ADAPT, claim that Seattle Metro operating costs were $3.13 per lift in 1987, with a reliability rate of more than 98 percent. In comparison, the Bay Area Regional Transit Association cited operating costs of $118.55 per trip for wheelchair lift-equipped transit buses among the several different transit authorities operating in the region. This disparity is due to widely different methodologies for calculating costs, a condition that has led to an absence of reliable nation-wide data. Tim Cook, director for the National Disabilities Action Center in Washington, D.C. and the attorney representing ADAPT in court, said, “I’m not sure accurate figures exist because it varies from system to system. National figures are meaningless because many systems haven't made a decision to make a commitment to accessibility." “Every property has it differently organized. Some agencies will designate one mechanic to maintain 75 to 100 lifts," said Smith of Lift-U, “But it really depends on how committed the maintenance director or general manager is to wheelchair lifts." [Subheading] Technology Mobile Tech and Lift-U manufacture electro-hydraulic passive wheelchair lifts for the transit industry. These lifts do not require the driver to leave his seat to operate the device. Ricon is a leading manufacturer of dedicated lifts, which are common on paratransit vehicles. These lifts are ideal for the handicapped, but cannot be used by ambulatory passengers. The lift does not utilize hydraulics. Another lift on the market is the AMF Hubmatik swivel-lift manufactured in West Germany. The lift is marketed in the U.S. by Bus Manufacturing USA and Ortho Safe Systems in Trenton, N.J. The semi-automatic, electro-hydraulic lift requires the driver to swivel the unit out the door for boarding and departure. It is currently in use by Sun Line Transit Agency in Thousand Palms, Calif. Due to constant R & D by the manufacturers, lift technology is dynamically improving. According to Smith, future innovations in passive lift technology will include state-of-the-art circuit boards, LED's and microchips. Cowie of Mobile-Tech predicted a 180 degree turn in technology within the next two years. Hinze indicated his company is developing a lift that can be utilized by both handicapped and ambulatory passengers and reduce maintenance costs by up to 10 percent. The court ruling does not touch upon rail accessibility at all. Installation of wayside wheelchair lifts for rail systems has not been as active as bus development. According to Smith, some transit agencies have requested lifts be designed for installation on the railcars themselves; however, because of the small demand, this is not profitable for passive lift manufacturers. More R & D is necessary on the shock and vibration of railcars to produce a passive lift that can withstand that environment. However, San Diego Trolley has been using on-board lifts for three years, and recently ordered 41 more units according to Hinze of Ricon. This onboard lift eliminates the problem of railcar operators “spotting” their stops for wayside lift access. The ruling could also mean increased specification of wheelchair restraint systems such as the one manufactured by Q'Straint in Buffalo, N.Y. The system consists of four stainless steel floor plates mounted flush with the floor. Four belts, two in front and two in the rear, and a shoulder harness and lap belt secure the rider. [Subheading] Solving the problem Despite the jubilation one might expect among wheelchair manufacturers, many seem to believe a mixture of demand response service along with fixed route wheelchair service is the ultimate solution to transporting the disabled and elderly. "The degree of demand response versus fixed route service should be a local decision," Cowie said. “It is important to mainstream the handicapped in the bigger cities through fixed route service; however, demand response is good in rural areas." These thoughts were echoed somewhat by Smith, who is a member of APTA’s Elderly and Disabled Services Task Force. "There should definitely be a mixture of services," he said. “[The government] can't dictate how every community should handle this problem. Some communities have spent a lot of money of their dial-a-ride service. You need to have a local option. “Another solution," continues Smith, "might be to make fixed route service fully accessible and let another organization — outside the realm of public transit — take care of special needs or demand response service." He believes the transportation problems of the elderly and the disabled should be handled separately. the end of article BOXED TEXT next to main article: [Heading] The Long Road To Wheelchair Accessibility A federal appeals court has ordered the U.S. Department of Transportation to require transit authorities to equip new buses with wheelchair lifts, and provide public transport for riders unable to use lift-equipped buses. Attorneys who brought the lawsuit called it the most important decision ever handed down for handicapped people needing public transportation. The decision, in the U.S. 3rd Circuit Court of Appeals was, 2-1. “We conclude that ordering that newly purchased buses be accessible to the mobility disabled does not exact a fundamental alteration to the nature of mass transportation," Judge Carol Mansmann wrote in the majority opinion. “Also, by requiring that newly purchased buses be accessible, we are not imposing undue financial or administrative burdens on the local transit authorities." In the dissenting opinion, Judge Morton I. Greenberg said the section requiring new buses to be accessible was not meant to apply to transit systems choosing a paratransit system. Timothy M. Cook, director of the National Disability Action Center, argued the case before the appeals court and called the decision, “a major, major victory for the handicapped community. We can't say enough positive things about it.” Cook expressed hope that the ruling would not be appealed in light of President Bush's recent comments about his desire to bring the handicapped into the mainstream. The Transportation Department had appealed an earlier decision by U.S. District Judge Marvin Katz in Philadelphia that canceled a 1986 department regulation calling for mass-transit authorities to spend up to 3 percent of their operating budgets on providing services for the handicapped. In his decision, Katz called the 3 percent requirement unreasonable, but ruled the department must resolve differences between equality for the handicapped and cost efficiency. Americans Disabled for Accessible Public Transportation (ADAPT) appealed Katz's simultaneous ruling that upheld the right of transit authorities to decide whether to fit vehicles for the handicapped or provide other services. The appeals court ruling affirmed Katz's decision in favor of dropping the 3 percent provision, but it reversed his other decision by ordering transit authorities to equip new buses with chair lifts or other accommodations for the handicapped.
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June 1989 ROLL CALL Page 11 [Headline] CORD Reps Join ADAPT in Philadelphia to Support Third Circuit Ruling Amy E. Hasbrouck & Kent Killam When the Third Circuit Court of Appeals in Philadelphia handed down its landmark decision in February — mandating lifts on new public transit buses, and eliminating the 3% cap on spending for access -— only three of the 12 judges ruled in the case. Usually such rulings stand unchallenged, but in this case the Bush administration chose to file a motion to have the decision reheard, according to Bill Henning, Director, and Kent Killam, an Organizer/Advocate at the Cape Organization for the Rights of the Disabled (CORD). On Monday, May 15, all 12 judges heard arguments in a suit filed by American Disabled for Accessible Public Transportation (ADAPT) demanding “meaningful” access to public transit for people with disabilities. Over 50 disabled rights activists turned out in Philadelphia over the preceding weekend to voice support for the original ruling, and objection to inaccessible public transportation. Many local activists were on hand for the weekend protests, including, Bill Henning, Michael Early, Killam and several others from CORD; BCIL member Leo Lucas; Fred Zepernick, an organizer for the Cape United Elderly; and Brian Shea, a member of BCIL’s Consumer Affairs Committee. Killam described what happened when the protesters arrived in Philadelphia on Friday afternoon. “We marched into the courthouse requesting to see the U.S. Attorney [Baylson] for the Philadelphia District," he said. “We could only get five people in through security, because they said the Attorney’s office was small. It got a little heated with security, and at one point we wound up blocking the metal detector and the gate. If they weren’t going to let us in to see the attorney and then we said ‘no one was going.’ They dragged chairs away, and we would wheel right back in.” Killam said the scene ended with Baylson phoning Attorney General Richard Thornburgh who was assisting the Department of Transportation (DOT) on the case. Baylson also met with the activists in the Ceremonial Court, an accessible courtroom on the first floor where the hearing would be held on Monday. “He said he had placed the call and expressed our concerns; how important this decision is for persons with disabilities to get out and be able to mainstream, the disabled term for integration. We were here showing our support and trying to express how important it was that this decision not be overturned.” Killam said Baylson sounded receptive. “On Saturday at 1 p.m. we gathered outside the courthouse on Sixth and Market streets," Killam continued. “We decided we wanted to ride the bus to New Jersey. To sum it up, we had three buses blocked." Bob Kafka of ADAPT crawled onto a bus at curbside, and as a second and third bus arrived, each was blocked and one demonstrator would leave his or her chair and climb onto the bus. Killam said when the second bus arrived, “The bus driver was holding up his hands saying ‘OH NO, not me!’ If they were smart they wouldn’t’ve let him through. We blocked that quarter of the intersection, traffic was blocked, people were pissed. They wound up having to let the motorists drive one at a time on the sidewalk. We plastered the buses with ADAPT stickers. “I didn't crawl on initially,” said Killam, who volunteered when another activist could not continue. “Toward the end I wasn't thinking much. I was thinking of what we had accomplished. And hoping it would make a difference, come Monday.” The police called the media, a press conference was held, then the demonstrators cleared the street. No arrests were made, and the police were very cooperative, according to Killam. “I felt people around were getting the point. I'm not sure if the proper people got the point." Killam said that one TV station gave the event limited coverage. “That night it was like a 25 or 30 second clip. ‘Bunch of radical gimps block buses’ that was about it." CORD Director Henning summed up the message of the action: “Without lifts on buses, the only way we can get on was to crawl.” On Sunday the group gathered in front of Independence Hall. Many people wore Revolutionary War costumes tri-cornered hats and white wigs. Someone also carried an ADAPT flag which resembles the American flag except that stars are arranged to form the international symbol of accessibility. The group marched around the two-block perimeter of Independence Hall. “When we were having the march a lot of people were applauding and taking pictures," said Killam. “Much better response on Sunday than on Saturday; we weren't blocking the buses." The march ended in the Liberty Bell pavilion. “We decided to rename it the Access Bell, as a lot of organizations have adopted it as their trademark. “We then marched across the street to the courthouse and did our all-night vigil. It started raining a little, but the building had an overhang. Different TV stations showed up. One station did a beautiful piece on the 11 o’clock news. One crew came at four in the morning to get footage for their 6:15 morning news on Monday. No one tried to make us leave. “Monday morning finally rolled around, and we went inside the courthouse to wait for the hearing. I'm told the hearing went well. Tim Cook, the attorney for ADAPT, did an excellent job! He was very to the point, well-worded, his thoughts were well organized, and he answered the questions very well. The DOT attorney was just mediocre." Bill Henning noted some highlights of ADAPT ‘s presentation. “Tim argued that federal statute guarantees access and so all buses must have lifts. Providing lifts is not a hardship economically and without lifts, there is extreme discrimination. The opposing attorney said it would be an undue burden to provide lifts." Henning wondered if crawling onto a bus is not an undue burden? He said it could be up to four months before the decision comes back, and described some possible outcomes. "They have a number of options, which range from accepting the original decision, to reconsidering it and issuing an entirely new decision." Henning said all the actions were designed to raise consciousness. “To that effect I think it was extremely well done," he said. “There was national attention on the event. This is an important decision because what it filters down to is that separate is not equal. It's vital that there be popular support. A lot of activists put themselves on the line for the cause."
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The Handicapped Coloradan ADAPT wins transit access VlCTORY! Federal court orders all new buses to be equipped w|th wheelchair lifts APTA pressures DOT to appeal decision Feb. 13,1989. Call it V-D Day. Victory over the Department of Transportation (DOT). Or call it V-A Day. Victory over the American Public Transit Association (APTA). Because on that day in Philadelphia, within earshot of the Liberty Bell and walking distance of the hall in which the Declaration of Independence was forged, disabled Americans won not only the right but the means to ride mainline public transportation. On a 2-l vote, the U.S. Court of Appeals for the Third Circuit ruled that in the future every transit system in the nation that buys buses with assistance from the DOT must purchase only buses equipped with wheelchair lifts. That decision reverses a 1988 ruling by U.S. District Judge Harold Katz who upheld DOT’s policy of allowing transit systems the “local option" of providing public transit to people with disabilities through a paratransit system. APTA, which reaffirmed its support of local option at its last national convention, has urged DOT to appeal the decision to the U.S. Supreme Court. Such an appeal must be filed within 90 days, or by May 13, 1989. DOT already has filed for a rehearing, and the court is expected to announce by March 29 if they would be willing to reconsider the decision. Justices Carol Los Mansmann and A. Leon Higginbotham wrote the maiority opinion with Judge Morton Greenber dissenting. The case was brought to the Court of Appeals by a dozen disability rights organizations, led by the militant American Disabled for Accessible Public Transit (ADAPT) and the Eastern Paralyzed Veterans of America. Timothy M. Cook, director of the newly formed National Disability Action Center, argued the case. It wasn't the first time wheelchair lifts have been in the courts. in 1979, the DOT, at the direction of President Jimmy Carter, ordered all transit systems to install lifts on new buses, but that mandate was struck down in federal court after an appeal by APTA. APTA’s insistence on local option led to the creation of ADAPT by a handful of militant wheelchair users in Denver, who set up pickets outside the Hilton Hotel headquarters of APTA's I983 national convention. At the insistence of Mayor Federico Pena, ADAPT was allowed to speak before the convention and no arrests were made. That was the last time either situation would exist. At every subsequent national convention or regional APTA meeting, wheelchair militants have shown up in force, blocking buses and hotel entrances until local police forces were forced to cart them away to jail. “Who would have thought a bunch of ragbag crips from Denver could have started something that would have grown this big?" asked ADAPT founder Wade Blank, co-director of the Atlantis Community, a local independent living agency. Both Blank and Cook cautioned that the war was not over yet, although both said they were pleased that the 73-page court opinion was filled with the language of the civil rights movement and would go a long way toward convincing those on the fence that their cause was just. The Court of Appeals opinion reads, in part: “We find the goal of eradicating the ‘invisibility of the handicapped‘ led Congress to enact measures to facilitate, if not immediate and complete mainstreaming of the handicapped, then affirmative and aggressive steps in that direction." The decision involves only new buses, as the justices argued that requiring systems to retrofit old buses would subject them to "undue burdens." Cook said after the decision was handed down that the "opinion is completely consistent with President Bush's call last week, in his speech before Congress, for Americans with disabilities to be ‘in the economic mainstream.‘ Nothing is more essential to meeting that goal than the provision of accessible public transportation." Mike Auberger of the Denver ADAPT chapter, who's been arrested in several cities while engaging in civil disobedience, agreed that accessible public transit is the key to enabling disabled people assume full citizenship. "People are dying out there," Auberger said. "Disabled people go into nursing homes because they don't have any options. I personally know people who have committed suicide because they don‘t have any options. Wheelchair lifts will give them that option." Auberger said that ADAPT doesn't plan to rest on its laurels. They'll be Reno April 7-ll for a regional APTA convention and back in Denver April 23-26 for the national meeting of the Urban Mass Transit Association (UMTA). “Our demand is simple," Auberger said. “We just want them to drop the appeal process and accept the decision." If they don't, Auberger promised that protesters would try to fill the jails one more time. To that end, ADAPT members intend to picket DOT offices in 12 cities on Good Friday, March 24, and ask staff members there to call the Presidiential assistant in charge of transportation matters and ask that the court decision not be appealed. "If they don't make the call, then we don't go," Auberger said. "I'm sure we'll take some heat because we're doing it on Good Friday," he said, explaining that he expects many offices to be shorthanded because of workers leaving early for the Easter weekend. "That should just add to the confusion."
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HIGHLIGHTS OF THE COURT DECISION The following is a summary and explanation of the court's decision by Timothy M. Cook, the attorney who argued the case on behalf of ADAPT. The court: l. Struck down, as contrary to federal disability civil rights law, “local option,” the DOT policy that allows transit systems the option of providing transit to persons with disabilities only if we make advance reservations, sometimes several days in advance, and then only in segregated settings. 2. Required that every bus newly purchased with federal assistance must be accessible. No retrofitting is required; the ruling only applies to future purchases. The court said that because transit systems may phase in accessible buses, the ruling would not lead to any undue financial burdens for transit systems. 3. Required that transit systems provide both accessible mainline transportation for those who can use accessible buses, and adequate paratransit to serve those who cannot. 4. Struck down the 3 percent cost cap under which DOT deemed transit systems to be in compliance with federal disability civil rights laws once they spent 3 percent of their operating expenses on disability access. As important as the holdings in the case are the language and rationale used by the court in reaching its conclusions. The 73-page, decision is laced with integration-oriented statements and phrases derived from the corpus of race and gender discrimination cases. Thus, the case sets forth a new charter for interpreting laws like Section 504, stating that Congress’ plain intent was to eliminate the segregation of persons with disabilities. It’s good cause for celebrating. But neither too long nor too loudly, for the war is not yet won. We must press forward on two important fronts before that day comes: l. First and foremost, DOT has 90 days from the date of this decision to decide whether to seek an appeal to the U.S. Supreme Court. This decision will be made by DOT and the Department of Justice, but the White House will also be involved. It is important that we mobilize quickly and inundate DOT, Justice, and the White House with letters from all of us, urging them to embrace the Court of Appeals Decision. Remind President Bush of his campaign promises to integrate persons with disabilities into all aspects of American life. Without access to public transit, as we all know, that is impossible. And just last week President Bush, in his speech to the joint session of Congress, reiterated his commitment to bring persons with disabilities into "the economic mainstream." Letters should go to: William Skinner Secretary of Transportation 7th & Maryland Ave., SW Washington; D.C. Dick Thornburg Attorney General Dept. of Justice 9th & Penna. Ave. NW Washington, D.C. C. Boyden Gray Counsel to the President 1600 Pennsylvania Ave. Washington, D.C. And, of course, to President Bush at the White House. 2. We must move forward in support of the Americans with Disabilities Act (ADA), using the court decision as additional impetus. The ADA, which will be reintroduced in the Congress soon, will require that all new buses and transit facilities be accessible. Urge your Senators and Congressperson to climb onto the bandwagon and be a co-sponsor of the ADA when it is reintroduced. If we can get the ADA enacted, there will be no need for any additional court fights.
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Two articles included here: Denver Post April 26, 1989 [Headline] Disabled protesters physically removed from the Federal Building By Peter G. Chronis Denver Post Staff writer More than 40 disabled demonstrators in wheelchairs jammed the lobby of U.S. Attorney Mike Norton's Denver office Tuesday to protest U.S. Justice Department action in a transit-access lawsuit. About 30 members of Americans Disabled for Accessible Public Transportation and a few non-disabled protesters stayed from noon to 5:30 p.m., when officers of the Federal Protective Service began removing them from the 12th floor of the Federal Building at 19th and Stout streets. All the demonstrators were physically led from the building, but no one was arrested. Protesters from Texas, Georgia, California, Massachusetts, Illinois, New York and elsewhere have converged on Denver to demonstrate this week during a federal Urban Mass Transit Administration meeting. They blocked lobbies and doorways of the Radisson Hotel on Sunday night and on Monday; on Tuesday, they targeted Norton’s lobby. The group's grievance is rooted in a Philadelphia lawsuit against the U.S. Department of Transportation in which a three-judge panel of the 3rd U.S. Circuit Court of Appeals mandated that all new public transit buses be equipped with hydraulic lifts for the handicapped. ADAPT member Diane Coleman, a Los Angeles lawyer, said the Justice Department has asked the appeals court to vacate the decision and rehear the suit before the entire 12-member court. The full court agreed to do that, and it has has set oral arguments for May 15. Demonstrators demanded that Norton set up a conference telephone call with U.S. Attorney General Richard Thornburgh, but Norton told the group that Thornburgh was traveling and could not be reached. Norton, shouted down several times as he spoke, promised to write a letter to Thornburgh expressing the protesters‘ concerns. He also gave the demonstrators Thornburgh’s Washington telephone number. About 4 p.m., after calling Washington, Norton also told the group that the administration appealed the court decision because it felt a policy calling for $270 million a year in additional spending should be made either by the administration or by Congress — not by a federal district court. Coleman said federal regulations allow decisions on disabled transportation to be made locally. “As a practical matter, that meant no transportation," she said. “We want a nationwide policy — we don't want to fight city by city." Bob Kafka, an ADAPT member from Austin, Texas, added, "Disabled kids in school today are being sold a bill of goods that they‘re going to be integrated into society." Transportation is the key to integrating the disabled, he said. Ironically, he also said that Denver's public transportation facilities for the handicapped offer relatively good access to the disabled. The end of first article; second article below: Rocky Mountain News LOCAL BRIEFS Rocky Mountain News Staff April 26, 1989 [Headline] Wheelchair-lift issue in court’s lap, lawyer says U.S. Attorney Michael Norton yesterday told a group of disabled activists that the federal government's appeal of a court ruling on bus wheelchair lifts was out of his hands. Norton appeared before 40 wheelchair-bound members of ADAPT, American Disabled for Access to Public Transit, who had camped several hours outside his 12th floor offices in Denver's federal building. ADAPT members are angry about an appeal by the U.S. Justice Department on behalf of the Department of Transportation. The appeal seeks to overturn a federal court ruling requiring all local transit buses to be equipped with wheelchair lifts. Thirty protesters were arrested Monday for blocking the doors of the Radisson Hotel, where their target, the Urban Mass Transportation Administration, was holding a conference.
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Rocky Mountain News [ Headline] 30 disabled activists arrested Protest at Radisson aimed at transit group gathering By LEROY WILLIAMS JR. Rocky Mountain News Staff Writer Police yesterday arrested about 30 disabled activists who disrupted a national transportation conference at the Radisson Hotel in downtown Denver by blocking the hotel's front doors with wheelchairs. The midmorning protest by members of ADAPT, American Disabled tor Access to Public Transit, came on the opening day of a symposium sponsored by the U.S. Urban Mass Transportation Administration. Protesters chanted, sang and cheered as a half-dozen Denver police officers carried off the protesters, about 27 of them in wheelchairs, in specially equipped vans. The job was made more difficult for police by protesters who wheeled in front of the vans to block them. And officers used wire cutters to free three protesters who chained themselves to railings. Police Capt. Roger Kaspers said the arrested were cited for obstruction of access to a business and a public sidewalk. He said they were not jailed. ADAPT’s national strategy of blocking bus companies and public transit operations that lack equipment for the handicapped is not new. But members said it was the first time they had protested against UMTA. At issue is an appeal by the U.S. Department of Transportation, of which UMTA is a part, of a federal court ruling requiring all public transit agencies to equip their buses with wheelchair lifts. The order was theresult of a lawsuit brought by ADAPT. "We view that (appeal) as a hostile action" said ADAPT activist Maureen O'Rourke, who said the process would be delayed by four or five years. "We are tired of winning lawsuits and never getting them implemented." In an interview later yesterday, outgoing UMTA administrator Alfred A. DelliBovi defended the appeal, saying the agency prefers to leave transit agencies’ decisions on equipment for the handicapped to local agencies. DelliBovi lauded Denver's Regional Transportation‘ District, which has so far awarded $40 million in bus operations contracts, as a pace-setter in that area. He also said one of his last acts — or his successor's first -- will be to sign over about $65 million to help pay for construction of a busway along Interstate 25 north of Denver. DeliiBovi, who is soon to become undersecretary of the Department of Housing and Urban Development, repeated the theme of his keynote address and of the symposium: Dwindling federal resources means local transit agencies must figure out ways to save money by involving the private sector. The symposium ends today.
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Gazette Telegraph 2-14-89 NATION [Headline] Ruling requires new buses to be wheelchair accessible Associated Press PHILADELPHIA - A federal appeals court Monday ordered the U.S. Department of Transportion to require transit authorities across the country to equip new buses with wheelchair lifts. Attorneys who brought the lawsuit that led to the ruling called it the most important decision ever handed down for handicapped people needing public transportation. The 3rd U.S. Circuit Court of Appeals said a Transportation Department regulation requiring all new buses to accommodate wheelchairs conflicts with another allowing communities to offer only an alternative service, such as special vans, to the handicapped. The court said a rule requiring reservations 24 hours in advance for use of the alternative transporation hinders the spontaneous use of mass transit by the handicapped. As a result, the court ordered transit authorities to make “reasonable accommodations to their programs, i.e. purchase wheelchair-accessible buses. The court also upheld a controversial decision requiring the Transportation Department to eliminate a cap on the amount of money transit authorities need to spend on making transportation accessible. A coalition of disabled people and 12 organizations called Americans Disabled for Accessible Public Transportation filed the lawsuit last year. ADAPT contended that a provision of the federal regulations allowed authorities receiving federal transportation funds to exclude the handicapped from “effective and meaningful" access. The provision allows transit authorities to decide among three types of handicapped-accessible transportation: accessible buses, special vans for the handicapped or a combination of the two. Timothy Gold [Cook], who argued the case before the court, said the ruling was "a major, major victory for the handicapped community."
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PHOTO by Tom Olin: A line of ADAPT protesters in wheelchairs, and a few standing, cross the city street. In front of them a uniformed policeman and a plain clothes cop stand together conferring but looking in different directions. Behind the two a man on crutches stands almost hidden. Behind the line of protesters are 2 large city buses, blocked by the protest. One has a sign on top that reads Deptford Mall, [in NJ], the other Glassboro. From left to right the protesters are: Julie Nolan, Leo Lucas, Carrie Johnson, Carol Marfisi, Stephanie Thomas, Diane Coleman, a man in a wheelchair, a very short woman or girl with her back to the camera, Mike Early, and behind him a woman with white hair and a very tall African American man stand against the bus. Signs read: Access Now!!, Access Not Excuses, We Will Ride, We Need to Get There Too!!, Stop Bush Attacks Against Disabled, No Transportation without Integration. This protest is in Philly and members of CORD and ADAPT joined forces before the Third US Circuit Court of Appeals court date.
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T I P S & TRENDS The President's Committee on Employment of People With Disabilities |Vol. 1 No.4 April 1989 [Headline] Administration Granted Rehearing of Transit Access Decision On April 10, 1989, the U.S. Department of Transportation (DOT) requested a rehearing of a court decision that would make many transit systems more accessible to people who use wheelchairs. DOT requested all eleven judges of the U.S Court of Appeals for the Third Circuit to rehear the February 13 ADAPT (American Disabled for Accessible Public Transit ) vs. DOT decision (see March Tips & Trends) which ordered DOT to cease subsidizing buses purchased by transit systems unless they are equipped with wheelchair lifts. On April 19, 1989, the Third Circuit Court of Appeals vacated the February 13 decision and granted a rehearing to DOT. The unusual decision to grant a rehearing may indicate that the February 13 decision will be reversed. [Subheading] Decision Angers Protesters Also on April 10, disability advocates and members of ADAPT were protesting for accessible public transportation during a regional meeting of the American Public Transit Association (APTA) at the Nugget Casino in Reno, NV. Protesters were disappointed by the announcement that the Federal government had asked for a rehearing of the ADAPT vs. DOT decision. Three people with severe disabilities were injured, 49 protesters were arrested and many were jailed. Untrained ranch hands from the surrounding area assisted the under-staffed Reno police department with the arrests, and threatened to take seeing eye dogs from blind protesters if they did not disperse. Wheelchair users were dragged from their seats by the local police and deputies, who broke a leg of one severely disabled protester. Wade Blank, spokesperson for ADAPT, commented from Reno: "This means the protests must continue, all the way to the White House if need be.” Article is accompanied by a picture of a handwritten letter from a very young child. The letter reads: Dear Pres. Bush, Please stop the appeal so my sister can ride the bus with me. I love you. Kailee (5 yrs. old)
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PHOTO (by Tom Olin?): A group of ADAPT activists sit on the front entrance to a public building. Some are in wheelchairs, some sit on the steps. From the left: Lonny Smith, Bob Kafka, unidentified man standing, Barb Gurthrie (smiling), unknown man in wheelchair with back to camera, unknown woman in wheelchair, Bernard Baker (with sign saying Access is a Civil Right), unknown woman in wheelchair sitting sideways in front of door, Stephanie Thomas on ground, Mark Mactimmus in red ADAPT shirt, Diane Coleman, and Joe Carle. An Access NOW poster is taped to the railing on the steps.
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14—Rocky Mountain News., April 25, 1989, Denver, Colo PHOTO by KEN PAPALEO/Rocky Mountain Naws A group of ADAPT people in wheelchairs and sitting on the ground form a blockade in front of a major entryway to the Radisson Hotel. The hotel doormat is visible in front of the group. Behind them a single cop, with his arms folded across his chest, stands to one side of the door. From left to right the group includes: a woman in a manual chair, Bob Kafka sitting on the ground, Barb Guthrie facing out and behind her someone in a wheelchair facing in, next to that person is a person on the ground and in front of that person is Anita Cameron in a cap and holding her white cane, in front of her is an empty wheelchair facing the group. Next to Anita is Stephanie Thomas on the ground with her chair facing her, and behind her is Bernard Baker. Next to Bernard is Mike McTimmus and beside him is Joe Carle in his manual chair. In front of Joe, George Florum sits sidways and looks out at the camera with a pissed off expression intensified by his dark sun glasses. Behind and to the side of him is Chris Hronis in a power chair, and someone stands behind him. Caption reads: Members of ADAPT protest at the Radisson Hotel in downtown Denver. They were there yesterday as the Urban Mass Transportation Administration held its fifth annual Symposium on Public Transit and the Private Sector.
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San Antonio, read their lips: “No lifts, no $1.6 million convention. [This story is continued on 478 but it is included here in its entirety for ease of reading.] The President's Committee on Employment of People with Disabilities will not hold its annual convention in San Antonio in 1991 because that city has no mainline accessible transit and no plans to introduce any. Instead, the meeting will be held in Dallas, which has 100 lift-equipped buses and plans to introduce more. It is estimated that the meeting, which will attract 4,000 to 5,000 people, would have brought at least $1.6 million to San Antonio. Committee chairman Harold Russell said he was informed of San Antonio's position on accessible public transit in January by Wayne Cook, general manager of VIA, San Antonio's transit system. Russell said the committee's decision was in keeping with President Bush's promise to bring the 37 million Americans with disabilities into the economic work force. "Disabled Americans must become full partners in America's opportunity society,” the President told Congress. In order to make the President's vision a reality, Russell said mainline accessible public transit has to be an option for people with disabilities who want to join the work force. “We have found that, next to attitudes, lack of accessible transportation is the most important significant barrier to employment of people with disabilities," Russell said. "There are 8.2 million people with disabilities of working age in this country who are unemployed but who can work and want to work. That's a terrible waste of talent, and it's not fair to the people who are prevented from working." Russell said his committee's mission to help people with disabilities find employment would be compromised if they held their annual meeting in San Antonio. "The issue is not transportation for people who attend our meeting," he said. “It’s everyday access to mainline transit for people with any kind of disability who "want to work and can work.” The committee's credibility was at stake, he added. Russell expressed his regret about the move. “San Antonio is a beautiful city, with wonderful people. The mayor and members of the city administration are working very hard to make the city accessible to everyone. Maybe we can come to San Antonio at a later date, when VIA's policy has changed.” Kent Waldrep, chairman of the Texas Governor's Committee for Disabled Persons, supported the decision to move the convention to Dallas. “This is one way that those of us who work in the disability field can support the goal of employment. We're not saying that every transit system needs to make all of their vehicles accessible right away,” he said. “We do think that transit operators should make an honest effort to begin that process, though. A system like San Antonio's that requires advance notice to travel just won't work for active people with disabilities who work-and shop and do all the things other people do. It’s not fair to riders or to their employers, who can't ask them ‘to travel around the city on short notice in the course of their work.” Waldrep also pointed out that in the long run accessible mainline ‘service would be far more economical than relying solely on the current paratransit system. “It doesn't make sense to make people who would rather ride mainline buses use a system that costs the taxpayers $13.50 for every ride. Why not save the heavily subsidized rides for those people who really need them?" Waldrep suggested that if everybody who is eligible to use the paratransit system in San Antonio did so, VIA wouldn't be able to pay the bill. “In the long run, putting lifts on buses will save money,” he said, "as well as being the right thing to do.” In response to the decision by the President's committee, the Coalition of Texans with Disabilities (CTD) announced" that CTD has is cancelling plans to hold its annual meeting in San Antonio. CTD president Larry Correu said that his group has met with VIA over the years to discuss the system ’s reluctance to provide accessible mainline service. He pointed out that VIA has been under a court order since 1985 to supply such service. “Maybe if CTD and a lot of other state and national organizations refuse to hold their meetings in San Antonio, they'll understand how serious the issue is,” he said. Correu said he has learned that several other organizations were also planning on boycotting San Antonio.
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PHOTO by Tom Olin: George Roberts, wearing an UMTA name badge, an ADAPT headband and black and gold ADAPT "no steps" T-Shirt, looks down as Bob Kafka and he chain their wheelchairs together. Bob is bent forward, doubled over, using his arms to hide the lock as they attach their wheelchairs.
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PHOTO by Tom Olin: Tim Cook stands amid a mass of ADAPT folks in wheelchairs, standing with signs and without. People are milling around an in the distant background are police cars and other vehicles and a grassy hill with trees and shrubs. No one is especially looking at Tim. He is wearing a white dress shirt, tan pants and a bright red necktie. His hands are on his hips and in his left hand he is holding his jacket and briefcase. In the crowd behind Tim you can see Gwen Jackson, Julie Nolan, Laura Hershey, Frank McColm and many others, and a TV reporter and camera are interviewing someone. Tim is the attorney who represented ADAPT in our case against DOT (ADAPT v. Burnley). This picture was apparently taken in Baltimore, but since Tim was so integral to the case it is included here. Everyone, all the hot shot disability lawyers, said Tim could not win this case -- but he did. [Tim is one of my heroes. -- Stephanie Thomas]
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RTD move to privatize bus routes praised Transportation leader says city a step ahead PHOTO The Denver Post, Duane Howell: A uniformed police officer pushes a man (Greg Buchanan) in a motorized wheelchair up the ramp into the back of a van. On the side of the chair Greg has a “Steps spell discrimination” bumper sticker. Caption reads: ACCESS PROTEST: Police Capt. R.H. Kaspersen carts away Greg Buchanan, one of 26 wheelchair-bound protesters arrested Monday outside the entrance of the Radisson Hotel. by Terry Kilewer, Denver Post Staff Writer 4/25/89 Denver’s Regional Transportation District, which is contracting 20 percent of its service to private operators, may be a step ahead of other public transit systems with dwindling public money, delegates to a transit symposium were told Monday. Alfred DelliBovi, outgoing head of the Urban Mass Transportation Administration, praised Denver‘s move to the forefront of privatization — a trend toward government disengagement from transit that is catching on nationwide. RTD expects to save millions in future operating costs by farming out some bus routes to private companies, state Sen. Terry Considine, R - Cherry Hills Village, told an audience of 800 at the opening session of the two-day conference. Considine sponsored a bill last year to privatize a fifth of RTD’s service. Now he wants to go even further by redirecting RTD tax revenues toward other transportation needs, notably a Denver-encircling beltway. He said it's time to re-evaluate public transit, which is "21 times the tax cost per passenger-trip taken by private automobile." And he charged Gov. Roy Romer with failing to “tackle the tough decisions that need to be made" in state transportation legislation. A transit-and-highways bill Romer favored and Considine opposed died in the legislature last week. Romer disputed the senator's claims in his remarks to the conference. Later, in an interview, he said Considine is “off in left field" and out of step with his own political leadership on transportation issues. "I agree you've got to take advantage of all the savings you can. You've got to innovate with RTD; I signed (Considine’s) privatization bill last year. But more privatization won't take care of our highway problems.” Considine and DelliBovi seemed in-step on privatization, though. The UMTA boss said the key to emerging federal policy in the public transit area is "dwindling resources.” During DelliBovi’s two-year tenure at UMTA, the agency maintained the Reagan administration's bent toward frugal funding for transit construction and operations.