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- ADAPT (299)
Detroit Free Press 10/6/86 PHOTOs by JONN COLLIER, Free Press PHOTO 1: A large group of posters in a line that almost looks like a pile, are behind a woman in a manual wheelchair being pushed up a curb or slope. Two people are helping her up. One holds a poster which reads "Stop the war against the disabled! [something] Congress". In the crowd behind are other large signs, some unreadable, and a very large one in the middle is partially readable and says "...for the disabled not for war!..." PHOTO 2: People in wheelchairs appear to be fanning out in an intersection with large city buildings in the far background. Between the three people in wheelchairs in the front you can see a line of other folks in wheelchairs across the intersection. Caption reads: Disabled demonstrators move through downtown Detroit, carrying signs and chanting “We will wide," in protest of the lack of wheelchair lifts on the nation's buses and trains. Title: Handicappers protest at transit convention By BOB CAMPBELL, Free Press Staff Writer About 150 militant disabled people, chanting "We will ride" and carrying signs in a procession from Tiger Stadium to the Renaissance Center, Sunday protested the lack of wheelchair lifts on the nation's buses and trains. At least 40 Detroit police officers in scout cars and on motorcycles kept the demonstrators — most of whom were in wheelchairs — on sidewalks along the two-mile route. After a request from Detroit Police Chief William Hart, who cited illegal actions of the protesters in other cities, Detroit's City Council last week withdrew a permit that would have allowed the demonstrators to parade through the streets. At one point, police insisted the protesters go through a puddle instead of using the street. At the Renaissance Center, the end of the procession, about 2,300 conferees were gathering for this week's American Public Transit Association national convention The demonstrators, who are at odds with the association on the accessibility issue, were kept away from the entrance to the Westin Hotel. See DiSABLED, Page 15A Title for part 2: Militant handicappers decry poor bus access Text box insert: Members of the group have been arrested at demonstrations at other transit meetings. DISABLED, from Page 1A HOTEL SECURITY was tight, and visitors had to identity themselves to guards before being admitted. The protesters — members of Americans Disabled for Accessible Public Transportation — say public buses and trains should be equipped with mechanical wheelchair lifts. Members of the group have been arrested at demonstrations at other transit association meetings after chaining themselves to buses and stopping traffic. "In the ’50s, a lot of blacks were on the back of the bus." said Michael Parker of Peoria, ILL. “We still can't get on the bus." Several members of the group told reporters there would be other protests against transit association members. Wheelchair lifts were required on buses briefly in the late l970s. But a transit association lawsuit led to a 1981 U.S. Supreme Court ruling that a federal requirement for lifts on all buses overstepped the intent of equal access legislation. said Jack Gilstrap, executive vice-president of the association. Most local transit agencies provide transportation to handicapped persons using mini-buses in services such as Dial-A-Ride. Gilstrap said. "The vast majority of people in wheelchairs prefer Dial-A-Ride or demand service," he said. “it runs 10-, 15-, 20-1 over lifts on every bus." Gilstrap said it is cheaper to offer special transportation service for wheelchair users than to adapt all public systems to wheelchairs. The subway authority in Washington D.C. spent between $50 million and $60 million to build elevators to allow wheelchair access tor "35 to 40 people a day," he said. MEMBERS OF the handicapper group complain of disparate quality of Dial-A-Ride systems among various cities. and they cite a requirement that rides must be arranged 24 hours in advance. Bill Bolte, 55, of Los Angeles, said: "l was a law-abiding citizen before l realized how oppressive society was getting toward handicapped people. The problem ls. we depress people because of the way we look. They don't want us around." Long-time civil rights activist Rosa Parks canceled her plans to join the ADAPT members, citing tactics that would "embarrass the city‘s guests and cripple the city's present transportation system." said to her assistant, Elaine Steele. Leo Caner, chairman of the 21 member Michigan Commission on Handicapper Concerns, said: "The general public has to be sensitized to handicappers. But getting the people sensitized by getting run over by a bus is not the way to do it." Free Pres: Special Writer Margaret Trimmer contributed In this report. - ADAPT (300)
Southwest Economist Newspapers Sunday, October 5, 1986 page 9 [Headline] Disabled will protest transit system barriers By J. Carole Buckner, staff reporter Chicago – Southwest sider Dennis Schreiber left for Detroit Friday knowing he faced a fair chance of being arrested there for civil disobedience. He was looking forward to it. In the rain-soaked parking lot of Our Lady of the Snows School, 48th St. and Leamington Ave., Schreiber said he told his wife Jackie that the trip is "a dream come true." Schreiber, who is blind, almost completely deaf and partially paralyzed, left with about 30 other handicapped persons, some coming as far away as Denver, Colorado, to protest at the American Public Transit Association's annual convention. For the past three months, Schreiber's group, Disabled Americans for Equality (DARE), has raised money to fund a delegation of protesters to go to Detroit, where they planned to hold a legal march to protest mobility barriers on buses and subways. The Reverend Wade Blank, leader of a contingent of protesters from Denver, called American Disabled for Accessible Public Transportation (ADAPT), said the group's parade permit was revoked this week by Detroit Mayor Coleman Young. Despite the lack of a parade permit and potential for arrests, the disabled group plans to go ahead with it's march, aware of the publicity value to be gained with photos of police dragging wheelchairs into paddy wagons. The groups position, said Schreiber, is "that we want equal access to public transportation and all public facilities" Specifically, the protesters want transportation systems throughout the U.S., especially in cities such as Chicago, to be equipped with lifts for wheelchair users. Mark Mactemes, 37, said he is going on the six day journey and demonstration because he needs to use regularly scheduled public transportation to work. The Oak Forest resident has multiple sclerosis. "I graduated college in 1985 and cannot find a job because I can't drive to work and must rely on public transportation." The CTA offers bus service for the handicapped called Dial-A-Ride, "but you must call eight hours in advance and buses (minivans) only run until 10 PM," Jackie Schreiber said. The CTA subcontracts the service to four companies. In the past, CTA officials have refused to install wheelchair lifts on buses, saying the cost is prohibitive. Blank, said similar reasons were given in Denver, but after sustained efforts by handicapped groups, all the cities buses were equipped with lifts. The result has been an increase in handicapped ridership, from a few hundred to 2000 riders per month, he said. Blank said famed 1960s civil rights protester Rosa Parks is scheduled to March with the group on Sunday. In all, more than 300 handicapped persons, mostly in wheelchairs, or expected to demonstrate in Detroit, Blank said. - ADAPT (148)
Name of newspaper illegible Los Angeles Times? November 19,1984 Handicapped Stage Protests to Publicize Transportation Needs by Miles Harvey, Times Staff Writer PHOTO: Mary Frampton / Los Angeles Times A tidy looking woman in pants and a vest, with a slight smile on her face, sits in a manual wheelchair on a bus. She is sitting in the accessible doorway, the access symbol visible on the side of the doorway. Below and beneath her is a metal panel, like the barrier on some lifts that keeps the person from rolling off the front of the lift. Caption reads: Barbara Trigg rides a hydraulic lift onto a Los Angeles bus. Article reads: Washington -- It was a scene reminiscent of the 1960s civil rights demonstrations as angry protesters chanted slogans, picketed the White House and stopped traffic before they were finally dragged away by police. And the series of confrontations that ended with 27 arrests last month seemed to come down to a similar central issue— the right to sit on a bus, to have full access to public transportation. There was one striking difference, however. Unlike Rosa Parks and the black civil rights activist who battered down the Jim Crow barriers in the South, these protesters were in wheelchairs, and their goal was equal access for the physically handicapped. “It's a civil right to be able to ride public transportation," said Julia Haraksin, a wheelchair-bound Los Angeles resident who participated in the demonstrations. “In the ‘60s, the blacks had to ride in the back—and we can't even get on the buses." New, Radical Tactics Organizations representing handicapped persons long have urged Washington to require that new buses and rail systems built with funds from the Department of Transportation's Urban Mass Transportation Administration be equipped to accommodate handicapped riders. But Haraksin and other handicapped individuals like her now are beginning to press the old arguments with new, more radical tactics. Frustrated by years of negotiating, lobbying in Washington, going through the courts and staging non-confrontational protests, some members of the handicapped community now are resorting more actively to confrontations and civil disobedience. Thus, early in October, 100 members of a newly formed coalition called American Disabled for Accessible Public Transit confronted a national meeting of city transportation heads here, using the kind of civil disobedience tactics used 30 years earlier by Dr. Martin Luther King Jr. Protesters were arrested when they blocked entrances and buses of those attending the American Public Transit Assn. convention. The strategy was to physically be a barrier because handicapped people have to face barriers all their lives," Wade Blank, a founder of Denver-based ADAPT said. Calling the protests here " Selma," leaders of ADAPT claimed victory and promised that their struggle has only begun. They already are focusing their efforts on what they hope will be a larger demonstration at the next meeting of the American Public Transportation Assn. a year from now in Los Angeles. But they and their cause may be in for a tough battle. Their opposition comes from the Reagan Administration, from many city governments and even from within the handicapped community. And as public attention focuses on the underlying budget choices involved, the opposition may swell with the addition of taxpayers concerned about the possible costs of a national full-access program. ADAPT argues that a legal right to full access for the handicapped already exists. Federal law states that Urban Mass Transportation Administration funds — which account for about 80% of the costs of new and replacement equipment in most municipal transportation systems—cannot be spent on programs that discriminate against, or exclude, the handicapped. The law does not make clear, however, whether handicapped persons must be provided with access to regular bus lines or whether they can instead be provided with alternative transportation systems. Nor does it indicate who should make that decision. Cities Make Decisions Current Transportation Department policy, which is strongly supported by the American Public Transportation Assn., allows each city to make its own decision on what type of transportation it will provide for the handicapped. This is in sharp contrast with Carter Administration policy, which in 1979 interpreted federal regulation to mean full access. Members of ADAPT, opposing the separate-but-equal philosophy of paratransit argue that it does not meet the needs of the handicapped and that it is inherently discriminatory. "It segregates the disabled people from the able-bodied community," Mike Auberger, an organizer for ADAPT, said. Because paratrasit requires advanced scheduling [unreadable] a ride is needed, he said, “you have to schedule your life according to the system. No one else has to do that. That shows the inequality right there." He and other members of ADAPT contend that because of long waiting lists for paratransit, some cities refuse to offer the service to new users - thus cutting off thousands of handicapped persons from any public transportation. Transit authorities, on the other hand, argue that full access can be too expensive, given the low percentage of handicapped riders in many cities. Lift-fitted buses cost an estimated $8,000 to $10,000 more than regular buses. Furthermore, lift systems are often unreliable and time-consuming to operate and maintain, transit administrators say. In Denver, for example, the transportation district has spent $63 million to purchase or retrofit buses with lifts. 80% of which was paid for by the federal government, according to spokesman Gene Towne. Since it started mainline access in 1982, the district has spent close to $1 million in maintenance of the lifts and expects to spend an additional $900,000 this year. Yet of the district's total annual ridership of 38 million, only 12,000 use the lifts, according to Towne. ADAPT counters that the issue is not cost but civil liberties. “In America we have a way of hiding, our prejudices with pragmatism," said Blank, a Presbyterian minister and veteran of the civil rights and anti-war movements of the 1960s who now supports handicapped activists. Variety of Approaches Across the country, cities are using a variety of approaches to the problems of providing mass transit for the handicapped. In Los Angeles, mainline access is required by state law. Although 1,850 of the Southern California Rapid Transit District‘s 2,400 buses are fitted with wheelchair lifts some local advocates charge that the RTD gives only "lip service" to access, complaining of broken lifts, drivers who do not know how to use the equipment or refuse to do so and an overall lack of commitment to providing access. The system provides only about 1,400 rides a month according to the RTD. Handicapped activists charge that the low ridership is attributable to the system's poor management. There were and are people in the operation department (of the RTD) back there who were and are opposed to the idea of access from day one," Dennis Cannon, a Washington-based expert who helped to plan the RTD's access program in the 1970s said. But in the last six months, the RTD has made "a major effort" to overcome the problem, according to RTD General Manager John A. Dyer. The system boosted its fiscal year 1985 budget for handicapped service by $3 million, to $4.9 million, to provide for a program to educate drivers and upgrade the quality of equipment and service. In Oakland, half the city's 800 buses are lift-equipped and all of the Alameda — Contra Costa Transit District's new buses will be lift-equipped. Seattle’s Services In Seattle, 570 of 1,100 buses are accessible to the handicapped, providing about 5,900 rides a month. The Municipality of Metropolitan Seattle also contracts with private groups to supply paratransit bus and half-fare cab service, providing a total of 8,400 rides a month in Denver. 432 of the city's 744 buses are lift- or ramp-equipped, providing more than 1,000 rides per month. The city also uses 13 vans and small buses in a paratransit system that provides 3,200 rides a month. In New York City, where an estimated 35% of all the transit passengers in the country use Metropolitan Transportation Authority vehicles each day. half of the city's 4,333 buses are fitted with lifts. The city has no figures on how many handicapped riders use the system, but one official calls the number minuscule. A new state law calls for $40 million over the next eight years to retrofit “in the neighborhood of 30" subway stops for handicapped use, according to a transit authority official. In addition the law will increase the percentage of lift-equipped buses to 65% of the fleet, as well as provide a paratransit system in the city by 1988. Minneapolis-St. Paul uses 45 paratransit buses and contracts with private cab companies to carry handicapped persons in all, the city provides 40.000 trips a month. None of Chicago's 2.400 regular buses are fitted with lifts. Instead the city provides 42 paratransit buses, which offer 12,000 rides a month. Additionally, 14 of the city's subway stops have been retrofitted for handicapped access and 300 of Chicago's 1,100 subway cars are accessible. If there is a diversity of approaches to the problem, there is also a diversity of views on the militant new tactics used by ADAPT and its supporters. The views of the handicapped people are all over the lot on what type of transport they'd like," Bob Batchelder, counsel for the APTA, said. But transit specialist Cannon, himself a wheelchair user, counters: “I'm talking to disabled people who wouldn't do what ADAPT does ... but who support what they are doing and think it needs being done." Whether ADAPT's controversial style will work remains an open question. While no negotiations are scheduled, ADAPT leaders vow to continue to harass association meetings. But in Los Angeles, the RTD's Dyer indicated that he hopes demonstrations will be replaced at next year's convention with “serious dialogue and discussion of the issues." "It’s a new thing for the disabled to see themselves with power," ADAPT's Auberger said, "but it's also a new experience for the powers that be." - ADAPT (267)
THE PLAIN DEALER, THURSDAY, MAY 22; 1986 page 19-A PHOTO by AP: Four policemen in their fancy police hats are "rolling" a man (Rick James) up a 150 degree (ie. almost vertical) "ramp" into a van. Rick is sitting with his hands up by his chest. His hat is missing and his hair is flying out in all directions. His expression is a mix of amazement, disgust and resignation. Caption reads: Cincinnati policemen push Rick James of Salt Lake City, Utah, up a ramp into a van after he was arrested outside a downtown hotel as part of a demonstration by American Disabled for Accessible Public Transportation. Title: Cincy arrests disabled in protest of bus access By BILL SLOAT STAFF writer CINCINNATI — Police arrested l7 disabled people yesterday after they blockaded the entrance to a downtown hotel or chained themselves to the doorway of an adjoining office building that houses Queen City Metro, this city’s public bus service. Eleven of them refused to post bond and were in Hamilton County Justice Center under cash bonds ranging from $1,500 to $3,000. Five were released late yesterday on personal bonds. One pleaded no contest to disorderly conduct and was found guilty. Sixteen were in wheelchairs from polio, paralyzing spinal accidents, multiple sclerosis, cerebral palsy and amputations. One was blind and walked carrying a white cane. The arrests were made during a non-violent, noon demonstration that challenged lack of access to city buses here and around the nation. Chants of “We will ride" and “Access now” came from about 52 demonstrators outside the Westin Hotel. Some removed footstands from their wheelchairs and banged on metal barricades. Police stood behind the barricades and refused to let the demonstrators into the hotel. All 17 taken to jail said they were members of a national handicapped rights organization called American Disabled for Accessible Public Transportation. “This is a civil disobedience action," said Wade Blank, 47, a Presbyterian minister who helped organize yesterday's protest. Blank, who now lives in Denver, was involved in anti-war demonstrations at Kent State University in the 1960s when he lived in Akron. Several of the people loaded onto vans and hauled away to the Hamilton County Justice Center on disorderly conduct charges compared Cincinnati to Selma and Montgomery, two Alabama cities where civil rights activists were jailed by authorities in the 1960s. “The message needs to be sent out that we can’t ride a bus because we're handicapped,” said Glenn Horton, 46, of El Paso, Texas. "It's discrimination it’s segregation and it’s appalling that it could still be happening in this country." Horton said he had been confined to a wheelchair since age 9, when he fell and broke his back. Bill Bolte, 54, of Los Angeles, said handicapped people needed mainline bus service to get to jobs, movies, dates, shopping, banks and anywhere else they might want to go. “We're already in prison," said Bolte, who had polio 51 years ago. “We're going to see that what few rights we have are not going to be taken away. Our rights to public transportation are being deprived, and we will not sit for it." Organizers of the protest said they took to the streets because about 600 executives of public and private transit companies in the eastern United States and Canada were attending a convention in the hotel that ends today. Protesters said the convention should adopt a resolution supporting the installation of wheelchair lifts on all public buses in the nation. Many came from Denver, which has such lifts in use on its bus fleet. The demonstration also came a day after the U.S. Department of Transportation announced in Washington, D.C., a new regulation that allows transit authorities to establish alternative services for the disabled instead of putting lifts on regularly scheduled buses. Demonstrators complained the rule meant that buses, subways and rail lines wouldn't be made accessible to people in wheelchairs. Police Chief Lawrence Whalen said the comparisons with Alabama in the 1960s were unfair when it came to the police. Police in the South during the civil rights era often brutalized protesters. Whalen yesterday said, “Our officers handled themselves very admirably. The group has had their chance to protest and get their point across." He said the police assigned to make arrests had attended special briefings on how to handle disabled people and were instructed to ask the people in custody the best way to lift them into vans. “We wanted to be sensitive to their special needs." Whalen said. Three of those arrested yesterday were out on $3,000 bond after incidents Monday when two climbed aboard city buses, paid fares and refused to leave when ordered off by Queen City Metro officials. The third interfered with a bus. The three, Robert A. Kafka, 40, of Austin, Texas; George Cooper, 58, of Irving, Texas; and Michael W. Auberger, 32, of Denver, were charged yesterday with Criminal trespassing when they chained themselves to the entranceway of Queen City Metro's offices. Police Capt. Dale Menkhaus told his men to use bolt cutters to get them out of the building. Kafka, Cooper and Auberger had been ordered Tuesday not to set foot in Cincinnati by a Municipal judge at the time they posted bond, but another Municipal judge lifted the banning order shortly before yesterday's protests started. Police Chief Lawrence Whalen said 14 others were charged with disorderly conduct for their activities outside the hotel. Bond was set at $3,000 each, a Hamilton County Municipal Court official said. Before the demonstration began, the group gathered in a Newport, Ky., motel for a strategy session on civil disobedience. They agreed not to carry anything but identification with them when they confronted police in downtown Cincinnati and they voted not to post bail. None of the people arrested were from Ohio. The 11 who refused to post bond and were in jail last night are: Bolte; Bob Conrad of Denver; Joe Carle of Denver; Auberger; Horton; Jim Parker of El Paso, Texas; Cooper; George Roberts of Denver; Earnest Taylor of Hartford, Conn.; Lonnie Smith of Denver; Kafka. Kelly Bates of Denver pleaded no contest to disorderly conduct, was found guilty and sentenced to 30 days in jail, which she is to start serving tomorrow. Those released on personal bond are Ken Heard of Denver; George Florman of Colorado Springs, Colo.; Frank Lozano of El Paso, Texas; Rick James of Salt Lake City, Utah; and Arthur Campbell of Louisville, Ky. - ADAPT (441)
DISCLOSURE September-October 1989, Issue No. 112 the national newspaper of neighborhoods [Headline] Disabled Protest Across Country: “Accessible Transit Is a Civil Right" This story continues on 436 but is included here in its entirety for ease of reading. PHOTO by Tom Olin: A large group of people in wheelchairs, on crutches, many carrying posters, are massed in front of a MCI New Jersey bus. Joe Carle is in the middle of the group with his back to the camera and on the back of his wheelchair is a sign that reads "I can't even get on the back of the bus." Also visible (right to left) are Cassie James, Diane Coleman, Brian Shea, Mike Early from CORD, two other guys in wheelchairs, Kent Killam, Julie Nolan, a white haired blind person with a big sign, and a short woman, perhaps a child, looking to her left and holding on to the back of a wheelchair. The group is blocking the bus and the street, while others walk by on the sidewalk. Caption reads: Members of American Disabled for Accessible Public Transit (ADAPT) and affiliated groups stages demonstratlon on disabled rights issues in front of buses at the federal court building, Philadelphia, May, 1989. by Mike Monti The message is clear: “We will ride,” say the members of American Disabled for Accessible Public Transit (ADAPT). From a series of demonstrations to a controversial court case, this relentless group keeps fighting for accessible transit around the country. Among its victories are a July, 1989 federal court ruling that transportation agencies no longer have a 3 percent cap in providing wheelchair lifts or paratransit. For the members of ADAPT, accessible transit is a basic civil right — and is always worth fighting for. We reported in Disclosure #l08 on ADAPT’s actions in Montreal at the annual convention of the American Public Transit Authority (APTA). APTA and other transit authorities continue to make it extremely difficult for people with disabilities to use public transit. Nevertheless, ADAPT has shown that it will confront APTA wherever it shows up. Last April, at the Western Regional Conference of APTA in Sparks, Nevada (just outside of Reno), over 125 ADAPT members staged actions at the conference, calling for public transportation that can be used by everyone — including people with disabilities. Members started off with a march from their hotel to the conference hotel. When they were about halfway there, ADAPT was met by a police blockade. Obviously, authorities already knew about ADAPT: here is a group that won’t stops until it forces permanent changes. In Sparks. the marchers were able to get around the police barriers. But when they got to APTA’s hotel, they were met by private security forces. The hotel security outnumbered the city’s police three-to-one -— and were able to chain the door shut before ADAPT entered. Forty-seven ADAPT members were arrested, and seven were sent to jail. “The Sparks police had obviously decided that we weren't going to march in the streets,” said Stephanie Thomas, an ADAPT member who lives in Austin, Texas. “But we were able to go around the car barricades. it was like water going around the rocks." The following afternoon, ADAPT staged another demonstration with many crawling across the street and around police barricades, blocking traffic until they reached the front door of the hotel. It was locked from the inside. This time, 25 were arrested. The charge: blocking a fire door which was locked. Many of the ADAPT members who were arrested went on a hunger strike. Meanwhile, ADAPT members on the outside held a press conference calling attention to the problems jail staff were having providing for several of the disabled people’s needs. A final protest was held the next day. One day later, the Sparks judge who sent the hunger strikers to prison made a deal with the protesters: he let out two protesters for the price of a $100 fine. The judge had imposed a much stiffer sentence a couple of days earlier, but changed his mind in the face of a group of arrested ADAPT members who made it clear that they would rather starve and stay in jail than pay a huge fine. Meanwhile, disability groups on the east and west coasts were raising money to help support ADAPT. On the fourth day of the hunger strike, the judge relented and the fine was reduced. By the end of the day, all arrested ADAPT members had been released — and many in the group headed to Denver, for more demonstrations. In Denver — which is the home of ADAPT — the group protested at the annual conference of the Urban Mass Transit Administration (UMTA). This time, demonstrations focused on the federal government's request for a re-hearing of the ADAPT vs. Burnley case. In February, ADAPT won a major victory from the Department of Transportation (DOT) - only to have it undercut by the government. The first of ADAPT’s arguments stated that the rule saying transportation agencies should not have to spend more than 3 percent of their budget on wheelchair lifts or paratransit was unconstitutional. Second, ADAPT held that the option allowing agencies to decide whether or not to provide new buses with wheelchair lifts was unconstitutional. DOT kept flip-flopping on the issue: first it said yes, and then it backed off, asking for a rehearing to vacate the decisions. In Denver, ADAPT confronted Michael Norton, U.S. Attorney for the Tenth District in Denver. “Why is the government working against disabled rights?” asked ADAPT. Norton eventually read a 20-page statement from Attorney General Thornburgh stressing “the need for concern, compassion, and commitment” — but also saying that the law never mandated integration. “It was a really offensive statement, ” said Stephanie Thomas. “On one hand, he was affirming the government's commitment, and on the other he’s fighting tooth and nail to stop rights for the disabled.” When the case was reheard in Philadelphia on May 15, ADAPT was ready. With help from the local chapter of Disabled in Action and the Cape Organization for Rights of the Disabled (CORD), protesters gathered at the federal court building. Four ADAPT members met with the U.S. Attorney, who listened to their concerns. Two days later, a protest was staged at Independence Hall. Dressed in revolutionary garb complete with wigs, three-cornered hats and fife and drum, the “Disability Rights Patriots” marched around the Liberty Bell. Court Decision On July 24, ADAPT won a significant victory as the original ruling striking down the 3 percent cap on wheelchair and paratransit lifts was upheld. On the local option issue, judges decided that the stipulation was legal. Now, it's back in the hands of DOT, for "clarification." Meanwhile, ADAPT will be working with lawyers to plan its next strategy in the legal arena, even though the courts have dodged the issue of equal rights for the disabled. Nevertheless, ADAPT is still ready for action. “We are not going to sit around and wait for the government to put a piece of legislation through,” said Wade Blank. What's next for ADAPT? The next APTA Conference will be held in Atlanta, Georgia, September 23-28, 1989. “The court’s decision on local option will make our demonstrations in Atlanta bigger,” says Mike Auberger, a co-director of ADAPT. Sparks Nevada, Denver, Philadelphia, Atlanta. . .ADAPT marches on for rights for people with disabilities. “Someday,” says Wade Blank, “ It will be just as appalling to see buildings without ramps as it was seeing signs that said ‘Whites Only.’ ” end of article Pictures of 2 graphic symbols: One is the ADAPT no-steps logo with American Disabled for Accessible Public Transit around the outside and a circle with a set of steps rising to the right and a bar across the circle and steps with the word ADAPT on it. The other is a power fist, with wheelchair warriors written below the arm. Caption reads: These symbols are part of ADAPT’s continuing fight. Says Wade Blank of ADAPT “Someday it will be just as appalling to see buildings without ramps as it was seeing signs that said ‘Whites Only.’” - ADAPT (484)
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. - ADAPT (553)
June 12, 1990 - Guardian. 5 Disabled 'ecstatic' as rights act clears House By DIANE COLEMAN The Americans with Disabilities Act, considered by many to be the most sweeping civil rights legislation since the 1964 Civil Rights Act, easily cleared the House of Representatives May 22. It is expected to reach the president‘s desk by July 4. The act prohibits discrimination based on disability in public accommodations, employment, transportation and telecommunications. It is intended to address "rampant, daily discrimination in every sphere of American life,“ Rep. Pat Schroeder, D-Colo., told her colleagues on the House floor. “Mentally retarded persons are kept out of restaurants. Persons with cerebral palsy are turned away from theaters. . . . Employers cite fears of hiring disabled persons because their customers will feel uncomfortable or even repulsed,” Schroeder added. Despite strong opposition from private business and transportation lobbies, chief among them the National Federation of Independent Businesses and Greyhound Lines, Inc. , the Americans With Disabilities Act achieved bipartisan support in both houses of Congress. The House vote was 403-29. Under pressure from the NFIB and the National Restaurant Association, the House version of the bill was amended at the last minute to allow employers to remove people with HIV infection from food handling positions. Sponsored by Rep. Jim Chapman, the amendment passed narrowly, although the Texas Democrat conceded there is no “evidence that‘AIDS can be transferred in the process of handling food.” Tom Sheridan of AIDS Action, representing 500 community-based service organizations, predicted that the Chapman amendment would go down to defeat in the House-Senate conference committee. “It’s a horrible amendment for all people with disabilities because . . . it begins to codify the fact that irrational fear is protected by the law,” he said. Nonetheless at press time Senate conferees had agreed to include the restrictions. “Cheers and tears” filled the House gallery at the moment of the ADA's long-awaited passage, according to Tennessee disabled activist Michael Gibson, “but we all know that the bill is only a first step. Several agencies will be writing key regulations which offer innumerable opportunities to weaken the effect of this legislation,” Gibson said. SOME DELAYS, FEW LOSSES While many activists feared the House would water down the Senate version of the bill, Marilyn Golden of the Disability Rights Education and Defense Fund said that the ADA “has not been weakened anywhere near the extent that much legislation is. " According to Golden, who has worked intensively for the bill's passage over the last two years, various timetables and phase-in provisions were adopted to avoid other forms of compromise. The ADA’s protections against employment discrimination, which parallel those applied to federally funded entities since 1973, do not go into effect for two years. Prohibitions against discrimination in public accommodations, such as theaters and restaurants, will require accessibility in facilities “construct[ed] . . . for first occupancy no later than 30 months after the date of enactment." Telephone companies will have three years to put in place a relay service for deaf people and others who depend on non-voice telecommunication. A requirement that all new public buses be lift-equipped will take effect in only 30 days. Many attribute this to seven years of non-violent civil disobedience by the American Disabled for Accessible Public Transit. Greyhound, a private carrier, was given six years to begin replacing its retired buses with accessible ones. Activists also waged a last-minute battle over employment discrimination remedies. Recently proposed legislation would add damages to the relief available to discrimination victims under Title VII of the Civil Rights Act of 1964. In the face of this, Golden said. the Bush administration tried “to renege on its agreement for parallelism” between the ADA and the 1964 act. It backed an amendment that would have kept remedies for disability-based discrimination at current levels if and when discrimination remedies are increased for other minority groups and women. The amendment was narrowly defeated just prior to the final vote on the bill itself. Overall, Golden said. “We're ecstatic." The ADA “will hopefully begin to convey to the American public. left, center and right (because in some ways I don't think the consciousness of the left is any better), that disability is not a personal issue, that there’s a systematic oppression of people with disabilities. . . . Even Congress has faced the fact of the systematic discrimination. " PHOTO (by Tom Olin): A closer view of a mass of marchers coming around a huge tree on a broad sidewalk leading up to the Capitol. Stephanie Thomas, Frank Lozano, Jennifer Keelan and others lead the march which is 12 across in some places and scattered in others. The ADAPT flag (an American Flag with the stars arranged in the wheelchair symbol instead of in rows) flies over the crowd from a few rows back. Some people are in suits and ties, some in T-shirts. Some are in wheelchairs, some carry cameras; children to older folks are in the mix. Caption reads: Seven years of nonviolent civil disobedience by the American Disabled for Accessible Public Transit has been credited for the requirement that all new buses be lift-equipped. Above, ADAPT march on U.S. Capitol. - ADAPT (223)
MAinstream magazine [No date] [This story continues in ADAPT 222, but is contained here in its entirety for reading ease.] [Headline] ADAPT takes the fast lane to make transit accessible By Michael Ervin San Antonio—The first indication that something was about to happen came when an oversized, stretch-limo of a van pulled up beside the Alamo and a wheelchair lift uncurled out of the back door. The colorful banner on the side of the van read: ACCESS FOR ALL. Six more people in wheelchairs were in another van parked in a lot down the street. As they proceeded down the sidewalk to join the demonstration in front of the Alamo the pedestrians stopped and looked them over. A parade of people in wheelchairs is bound to draw stares. But the expressions accompanying these stares were unique—welcoming, supportive, somewhat star struck. Maybe they knew they were coming. Before the 50 or so members of various chapters of American Disabled for Accessible Public Transit even arrived here there were stories in the media about previous ADAPT confrontations with the American Public Transit Association (APTA.) Television news showed footage of the mass arrests that occurred last October in Washington, D.C. when ADAPT members tried to force their way into the center where APTA was holding its annual convention. That's the kind of escalating media coverage Wade Blank likes to see. He’s the main force behind ADAPT. “We're becoming famous. When we had our first ADAPT meeting in Denver in 1982, our goal was to make the officials of any city we were coming to nervous. We wanted them to say, ‘No! Not here! We don’t want ‘em!’” They were certainly nervous in San Antonio. When a horde of people in wheelchairs showed up at the offices of the local transit authority for a noisy demonstration, the employees locked themselves in a large office as if they were afraid ADAPT was going to take them out one by one and shoot them. And when the march that began at the Alamo turned into an equally raucous occupation of the lobby of the posh hotel where APTA people were staying, hotel security had no idea what to do. And the bewildered looks of the innocent tourists were amusing. They’d certainly never seen anything like that before. “Seeing a bunch of disabled crazies blocking buses and doing things like that redefines everything everybody’s been conditioned to believe about the disabled," Blank says. This radical redefinition of what the disabled are (in the eyes of both the disabled and nondisabled) is what ADAPT is all about. And having stuffy APTA conferences and conventions as a backdrop helps make that point. APTA’s primary sin, according to ADAPT, is that it spent big bucks on a lawsuit that struck down the federal mandate that all fixed-route public buses be lift-equipped. ADAPT sees equal transit access as the most basic civil right. “It's the same segregation as when blacks had to sit in the back of the bus or yield their seats to whites. Except it’s even worse,” says Blank. “The disabled can’t even get on the bus.” By using APTA as a symbol of the stifling paternalism that keeps the disabled in a position of dependency, ADAPT makes the immorality of inaccessible public transit quite clear. *** Wade Blank is an ordained minister who never goes to church. “It’s in the true Jesus tradition. He was kicked out of the synagogue and never went back.” Blank worked in a nursing home for a few years after seminary. It frustrated him to see the disabled friends he made there stuck there simply because they had no place else to go. So in 1976 he and some others began Atlantis, an independent living center in Denver. ADAPT was born of Atlantis. Blank says Atlantis likes to “do the impossible” in terms of working with clients who have the deepest holes of dependency to dig out of. Frank, a man with cerebral palsy who was part of the ADAPT Denver caravan to San Antonio, was sprung by Atlantis in 1976 from a nursing home he had been in since 1934. Another woman began feeding herself for the first time when she became part of Atlantis. She was always physically able to. Her mother just didn't want her making a mess. Another woman had never seen a head of lettuce. Her salads had always come to her prepared. It’s rather stunning seeing people who were mired in the world of please and thank you traveling around the country, blocking buses and maybe getting arrested. It’s gotten ADAPT and Atlantis in trouble with irate relatives. The father of a woman arrested for blocking buses in Denver told Wade that since he was a reverend he must be brainwashing his daughter into joining his cult, just like Jim Jones. He said he was going to tell the newspapers so they could investigate. But Blank says, “All we’re saying to people in Atlantis and ADAPT is, ‘You are an important person.’ I just tell them (the irate relatives) that people get excited when they see that they are important and that they are expected to be somebody.” In 1978, it became clear that the mission of Atlantis could never be fully accomplished as long as Denver’s public transit system was totally inaccessible. What good was it to set someone up in an accessible apartment if they couldn’t move beyond it? They might as well have still been in the nursing home. So the Atlantis people took to the streets of Denver. They blocked buses. They held sit-ins in the transit authority offices. They got arrested. But four years later, they won and Denver is on its way to full access. [Bordered text box in center of page: “We created a drama and let it unfold . . .I guess we raised consciousness.”] The next year, APTA made the mistake of holding its convention in Denver. The target was too tempting for Atlantis to resist. Here was the personification of everything Atlantis opposed right on its step and begging to be hit. Atlantis formed a permanent transportation component call ADAPT. They organized confrontations around the convention and vowed to follow APTA everywhere until it passed ADAPT ’s resolution renouncing the lawsuit and the damage it did. These confrontations would also provide a focal point and a training ground for activists from other cities so they could form their own ADAPT chapters. Mike Auberger of Atlantis is a quadriplegic resulting from a bobsled accident during the 1972 Olympic time trials. “When we started ADAPT, we were a bunch of crazy nuts. A year later, we were a possibility. Now, we’re a reality. We started in one city and here we are about 20 cities. We must be selling something everybody needs.” The hope is that the feeling of self-importance that inspired the disabled of Denver will be as infectious in San Antonio and in cities all over America. ADAPT paved the way in San Antonio by creating a three-day headache for the police and transit authority and forcing them to take the issue very seriously. They also permanently etched the issue on the minds of the people of San Antonio with pictures on the front page of the newspaper of disabled people blocking APTA tour buses. “We created a drama and let it unfold,” Blank says. “I was talking to a reporter and I said, ‘I guess we raised consciousness.’ She said, ‘Boy did you! That’s all this town is talking about.’ ” “Now you can’t say that about too many political movements today.” But even if it doesn’t play in San Antonio, Auberger sees what happened there as another battle won. “Again we took on APTA and beat them. You’ve got this guy in a $300 suit and a designer tie with his initials and a soup stain on it. More and more people are starting to see APTA that way.” If success can be judged by police reaction, ADAPT is accomplishing a lot. Knowing ADAPT ’s penchant for blocking buses, the police routed buses away from areas with high ratios of wheelchair-users. They obviously did their homework by talking to police in other cities who had to deal with ADAPT. A television news report even told of how San Antonio police intelligence photographers were following ADAPT members around. And it’s clear that transit authorities are taking ADAPT very seriously too. The next target is Los Angeles, where APTA will hold its convention in October. ADAPT has obtained a copy of a private memo of the Southern California Rapid Transit District that speaks of the authority’s plans to spend $10,000 to $15,000 to “handle vast numbers of wheelchair bound people” who will be coming to town. “While confrontations cannot be stopped, they can be blunted.” It speaks of how the RTD is “searching for ways to diffuse or ward off demonstrations,” perhaps by pacifying everyone for a few days with a conference on accessible transit [ibid]. “Can we take control by creating a hospitality center for the handicapped?” the memo says. Who can resist such an opportunity. ADAPT is on its way. - ADAPT (32)
History and Mission Independent Living for People with Disabilities [This brochure continues in ADAPT 33, but the entire text is included here for easier reading.] PHOTO by Tom Olin (bottom right): A man (George Roberts) in wheelchair raises the power fist with his right hand. He is carrying a sign that reads "Nursing Homes = Jail." Behind him a group of other wheelchair protesters are lining up. Atlantis was founded in 1975, the second “Independent Living Center” in the country after Berkeley. A group of young disabled adults and six concerned staff from a Denver nursing home concluded that no amount of outings to concerts or bingo games could normalize life for these young people. The real solution was to move into the community, in apartments within the city’s neighborhoods, to create self-determined lifestyles where the disabled clients choose their own food, direct their own care, and determine their own priorities. This was a revolutionary concept in 1975, but the people of Atlantis were able to convince the State Legislature to fund personal care assistance outside an institutional setting for the very first time. In the more than fifteen years since its founding, the agency has been able to assist over 400 disabled adults in moving from sheltered settings and maintaining independent lives. The Atlantis Community staff specializes in assistance for very severely, multiply-disabled people, carrying out our belief that any disabled person can live outside an institution, if s/he is willing to accept the risks and inconveniences in order to enjoy self-determination and liberty. To that end, the staff and clients are experts in helping with everything from finding an apartment to applying for benefits, from grocery shopping to weddings, from cooking training to camping trips. The assistance with daily living activities and the basic skills training and reinforcement offered are complemented by the trained and state-certified staff of home health aides and their supervisors who visit the clients at home as often as needed — usually several times a day. The people of Atlantis also offer other independent living services to people throughout the nation — ranging from information and referral services to assertiveness training and technical assistance. The city of Denver and the Atlantis Community have become a mecca for disabled people seeking an accessible environment and comprehensive services. PHOTO by Tom Olin (top left corner): 4 people in wheelchairs (left to right, Joe Carle, Diane Coleman, Bob Kafka and Mark Johnson) lead a march. Everyone is dressed in revolutionary war garb -- wigs, three cornered hats, jackets with braid on them. Over their heads is a large flag, the ADAPT flag. PHOTO (bottom right): An older man (Mel Conrardy) in a white jacket and pants, sits in a wheelchair on a lift at the front door of a bus. To his right on the side of the bus door it says RTD Welcome Aboard. Mel looks relaxed and is smiling. - ADAPT (135)
The Denver Post 7/8/90 [This article continues in ADAPT 138, but the entire story has been included here for easier reading] Perspective Access for the disabled: Cost vs. benefit Photo by RTD staff: A smiling African American man in a manual wheelchair, wearing a beret and with a sports coat over his lap is being helped to board a city bus by the driver, who is behind him. In front of the lift a woman stands waiting to board. Caption reads: A LIFT: The President's Committee on Employment of People with Disabilities was given a demonstration of an RTD lift during its 1987 convention which was held in Denver. By Al Knight Denver Post Perspective Editor Now, while the Americans with Disabilities Act is awaiting President Bush’s signature, would be a good time to reflect on what has been learned by this city's experience in attempting to provide full wheelchair access to public transportation. Assuming the president signs the bill as he says he will, public transit systems all over America will have to begin purchasing new buses equipped with wheelchair lifts, as well instituting a variety of other steps designed to enlarge employment opportunities for the disabled, improve services in state and local government, enlarge public accommodations, and create a national telecommunication relay service to aid the blind and deaf. Critics of the bill have argued that the nation is embarking upon a program without the vaguest clue of what its ultimate cost will be. In many ways, the dispute is a duplication of what took place in Denver in the early 1980s as the Regional Transportation District developed its policy on how rapidly to expand wheelchair access. There were a number of protests in which disabled residents in wheelchairs disrupted RTD service and were arrested. The protests were particularly disturbing for all concerned — RTD, the drivers and the police. The sight of an abled-bodied police officer toting away a wheelchair-bound citizen is not the stuff for law enforcement scrapbooks, nor is it the kind of publicity designed to attract bus riders generally. In 1982, the RTD board, which then was an appointed body, voted against equipping 89 new buses with special lifts capable of handling wheelchair passengers. That vote set off the protests. An elected board took over in 1983 and one of its first acts was to reverse that vote and authorize the purchase of the lifts at a cost of well over $1 million. At the same time RTD struggled with the issue of whether to retrofit existing buses with lifts, and in 1985 resolved it with a resolution that it would buy lifts for all new buses, but not pursue a retrofitting program. There had been a history of mechanical problems with some of the lifts, and on more than one occasion a lift would fail, dumping the wheelchair passenger in the process. In 1982, then Gov. Dick Lamm refused to go along with a proposal by the American Disabled for Accessible Public Transportation, which was demanding wheelchair access to “all U.S. public buses." Lamm suggested in a speech to the American Public Transit Association that such a policy might result in rides costing $600 each: “If America can't say no to a system that costs $600 per ride, we don't deserve to continue as a great nation.“ But as they say, that was then, this is now. Just last fall, RTD was awarded a special citation for having "the finest accessible bus service in the nation." The award came from the President's Committee on Employment of People with Disabilities. Indeed. it is beyond dispute that RTD has in some respects led the nation. Its experience in developing its current fleet of buses was the prime example used by congressional supporters of the Americans with Disabilities Act. In addition, it is a fact that RTD was the first agency to order its over-the-road buses equipped with lifts. Until RTD's first order, these larger vehicles had been built without lifts. The RTD program hasn’t been accomplished without significant expense. It has cost about $8 million for the lift equipment and millions more for parts, maintenance and training. But the latest figures show per-ride costs are far below the $600 figure mentioned by Lamm. The lifts cost about $13,000 a copy. Because the life of a bus normally is calculated at 12 years, this works out to a little more than $1,000 a bus per year. To this must be added the maintenance cost, which has been dropping each year. As recently as 1985 the cost of maintaining an individual lift was $1,798. This year the average is just over $500. Even without the retrofitting program rejected by the board in 1985, RTD has managed to increase greatly its percentage of lift-equipped buses. In 1985, only 54 percent of buses were so equipped. This year 81 percent are. In recent years, disabled ridership has gone up sharply. In 1982 it was just over 9,000 wheelchair boardings, but last year it reached an estimated 45,000. According to RTD figures, the per-ride cost may have reached $80 in 1984, but with the increase in ridership and the drop in maintenance cost, the cost per ride now has dropped to about $19 a ride, according to the latest calculations. What is not known is how many of Denver’s disabled community actually are served by the lifts. In the mid-1980s, it was estimated that only a few hundred wheelchair-bound residents were regular bus riders. Even as RTD has fitted new buses with the lifts, demands for its HandyRide service have continued to increase. This door-to-door service is available to both the elderly and the handicapped. Some of its wheelchair passengers could be served by regular buses, but many others are unable to get to the bus stop and therefore require the HandyRide service. Precise calculations aren’t available, but it is estimated the cost per ride for using the van service is about $50. Lamm, contacted this week, said he basically hasn’t changed his position on the issue. He said the $600 figure he used in 1982 was based on the experience of the St. Louis bus company. “To govern is to choose," he said, "and I don't believe this nation should make every bus wheelchair-accessible. Should the handicapped be provided transportation? Of course, but it should be provided in the most cost-effective way possible.” Lamm mentioned the expensive elevator system that is a part of the Washington, D.C., subway system as an example of a method that isn't cost-effective. The Denver experience does indicate that the costs of accommodating the wheelchair-bound citizen may not be an endlessly upward spiral. But the key indicator that needs watching is the number of passengers using the service. The taxpayers, the RTD board and staff members clearly have done their part. The wheelchair service is now available on nearly every bus, yet ridership has flattened out. The estimate of 45,000 wheelchair passengers for 1989 is just a few hundred higher than the 1986 level. More persons must be encouraged to use the service. Now that maintenance costs are down, the only way to decrease the still-considerate per-ride cost is to increase the number of passengers using the lifts. The most compelling case the disabled community can make for greater access is to demonstrate an even higher usage of the existing facilities. Highlighted Text: Even without the retrofitting program rejected by the board in 1985, RTD has managed to increase greatly its percentage of lift-equipped buses. In 1985, only 54 percent of buses were so equipped. This year 81 percent are. Photo by The Denver Post/Duane Howell: A slight woman in a wheelchair is being escorted out by two uniformed and one plainclothes police. She is telling one of the officers something and they are all listening with slight smiles on their faces. Behind this group a man in a wheelchair is following, escorted by another police officer and behind them three other policemen stand guard. Caption reads: PROTEST: An unidentified demonstrator at the Regional Transportation District office was escorted out during a 1982 protest over the purchase of new buses. - ADAPT (122)
Denver Post [This article continues on in ADAPT 123, but the entire text is included here for easier reading.] Photo by Lyn Alweis: A short haired man in a jacket and dark slacks [Mel Conrardy] is lifted in his wheelchair from the sidewalk to a bus. The lift comes out of the front door of the bus and has railings on either side of the lift almost as tall as the seated man. Just by the bus door is a sign on the side of the bus that says "RTD Welcome Aboard." Caption: An RTD bus with wheelchair lift provides mobility for Mel Conrardy Title: Leaders of handicapped rate RTD service best in country By Norm Udevitz, Denver Post Staff Writer Disabled Denverites just a few years ago had as much chance of riding a bus as they did of climbing Mount Everest. “It was brutal the way RTD treated us,” said Mike Auberger, an official in the Atlantis Community, for the disabled and a leader in the fight that has turned the Regional Transportation District’s handicapped service around. In the 1970s and early 1980s, RTD busses then rarely equipped with wheelchair lifts, often left wheelchair-bound riders stranded on streets. Drivers, lacking training in dealing with visually or language impaired people, panicked when blind or deaf riders tried to board buses. “It used to be that even in the dead of winter, when it was below zero, those of us in wheelchairs would wait 2 or 3 hours for a bus to finally stop," Auberger recalls. “And often the lift was broken and we couldn't get on the bus anyway. And usually the drivers were rude and angry. They would tell us that we were ruining their schedules." But conditions have changed, Auberger says: “Right now, Denver has the most accessible public transit system for the handicapped — and all the public - in the country." Debbie Ellis, a state social services worker who heads the agency's Handicapped Advisory Council, agrees, saying: “It took a lot of pressure, but RTD has responded and now the bus system is doing a good job of serving the handicapped." Leaders of national programs for the disabled also agree. In fact, the President's Committee on Employment of the Handicapped will bring 5,000 delegates, many of them handicapped, to its national conference in Denver in April. This will be the first time in four decades the group has held its national session outside of Washington DC. “One of the key reasons we're meeting in Denver this year is because it just might be the most comfortable city in the country for the handicapped,” says Sharon Milcrut, head of the Colorado Coalition for Persons with Disabilities, which is hosting the conference. “A very important aspect of that comfort," she notes, “is how accessible the transit system is for the handicapped.” It didn't get that way easily. In the decade between 1974 and 1984, handicapped activists had to pressure indifferent RTD administrators and directors. Each gain was hard won. “We used every tactic in the book, from lawsuits to bus blockades on the street and sit-ins at the RTD offices," says Wade Blank, an Atlantis group director. “The lawsuits didn't help much but when we took to the streets in the late 1970s, I think that's when we started getting their attention." Blank and others also say the 1984 hiring of Ed Colby as RTD general manager helped. Before he arrived, less than half of the 750 RTD buses had wheelchair lifts, which often were in disrepair. Training for drivers to learn how to deal with handicapped riders was minimal. Agency directors resisted change. RTD relied heavily on a costly special van operation called Handyride - a door-to-door pickup service for handicapped. It has cost $13[? glare makes number hard to read] million to run since it began in 1975. “Over the past couple of years the turnaround has been phenomenal," Auberger says. “All of RTD's new buses are being ordered with lifts and older buses are being retrofitted." By 1986's end, almost 80 percent of the bus fleet — 608 of 765 buses — had wheelchair lifts; 82 percent of the fleet's 6,242 daily trips are now accessible for the disabled. Plans call for the fleet to be 100 percent lift-equipped by 1987's end. “The lifts aren't breaking down all the time now, either," Auberger said, noting that agency officials found drivers had neglected to report broken lifts: “That way the lifts stayed broken and drivers had an excuse for not picking us up. A bunch of people were fired over that and others realized that Colby wasn't kidding about improving handicapped service." Driver training also has improved dramatically. “It isn't perfect yet,” Ellis of the advisory council says. "But everyone is working hard at it. What we are finding is that 20 percent of the drivers understand that they are moving people, all kinds of people, and they're really great with the handicapped. “Another 20 percent figure their job is to move buses and to heck with passengers, all kinds of passengers. That bottom 20 percent probably won't ever change. So we're working real hard on the 60 percent in between," Ellis says. Drivers, for example, learn to help blind riders. “That’s an improvement that helps the disabled, but it also helps regular passengers who are newcomers to the city,” Ellis says. All the improvements haven't come cheap. Since 1974, more than $5million has been spent on lifts and lift maintenance, most of the expense was incurred in the last three years. RTD plans to spend $9 million more in the next six years to keep the fleet up to its current standards and pay for more driver training. Another $4 million will be spent on HandyRide service. Ironically, Auberger and Ellis both say one of the biggest problems remaining is getting more handicapped people to use mass transit. “There are no reliable figures," Ellis says. “But we think there are about 20,000 handicapped people in the metro area and only about 200 or 300 are using buses on a regular basis." Auberger, confined to a wheelchair after breaking his neck in an accident ll years ago, complains: “The medical system builds a bubble around handicapped people and makes them think they have to be protected. "That's just not true in most cases. So one of the things we're doing now is educating the handicapped to overcome their fears. We've finally got a bus system that works for us and we want the disabled to use it." Photo by Lyn Alweis: A rather straight looking man [Mel Conrardy] in a white jacket, big mittens, and a motorized wheelchair, wears a slight smile as he rides the bus. Someone in a dark jacket stands beside him, and behind him, further back on the bus, other riders are sitting on the bus seats. Caption reads: A bus seat folds up to anchor Mel Conrardy's wheelchair to the floor. Conrardy commutes to work at the Atlantis Community. - ADAPT (240)
The Cincinnati Enquirer Photo by the Cincinnati Enquirer/Michael E. Keating: Four police officers holding a thin, tall man (Jim Parker)by his legs and arms suspending him in the air while they try to place him in the wheelchair. Another police officer and a passerby at the street corner are visible in background, as well as a city bus parked with its doors open. Caption: Cincinnati Police lower ADAPT activist Jim Parker into his wheelchair after removing him from a Metro bus. He had crawled aboard. [Headline] Group seeks access for wheelchairs By David Wells George Cooper and Bob Kafka climbed aboard a City Metro bus at Government Square Monday, paid their fares and were arrested. Cooper and Kafka were among several dozen members of the American Disabled for Accessible Public Transit (ADAPT) demonstrating this week against Metro and the American Public Transit Association gathered at the Westin Hotel. ADAPT disrupted operations at Metro’s main downtown stop on Government Square for about two hours Monday. Following arrests of Cooper and Kafka, Metro rerouted its buses and avoided further confrontation with the wheelchair-bound demonstrators. ADAPT wants full accessibility for the handicapped on all public transportation facilities. Regular Metro coaches do not have wheelchair lifts. The company does provide transportation for the handicapped with special, lift-equipped Access vans. ADAPT claims that Access vans are unreliable in poor weather and even in good weather require a 24-hour advance reservation. The group also wants the national transit association to adopt a resolution at its Cincinnati convention requiring full access for the handicapped. Wheelchair-confined demonstrators picketed Westin entrances throughout the day but were denied admission to the hotel or adjoining public atrium. Cooper of Dallas, and Kafka of Austin, Texas, were charged with criminal trespass after they refused requests from Metro and the Cincinnati Police to get off the bus. “There are no lifts in these buses. It is not safe (for the handicapped), “said Murray Bond, assistant general manager for the company. Yet, after Cooper and Kafka were arrested, they were transported to the Hamilton County Justice Center on the bus rather than being transferred to a lift van. “That was a judgement call on my part,” said Capt. Dale Menkhaus, who headed the police detail. “It was decided it would be much easier and safer to transport them on the bus than to try to carry them off of it.” Four officers rode with the prisoners to ensure they were not jostled on the five-block trip to jail. Also arrested at the demonstration was Mike Auberger from Denver, who Menkhaus said attempted to block the bus carrying Cooper and Kafka. Auberger was charged with disorderly conduct and taken to the Justice Center in a lift van. Menkhaus said it was “a no win situation” for the police. No matter how sensitively the officers acted, they still had to confront and arrest people in wheelchairs. Officers in that detail were briefed on handling the demonstrators. Menkhaus said. “Our officers were told to ask each individual what the best way to lift him was, even to the point of which limb they would prefer to have moved first.” Still, to the members ADAPT, they were being dragged off the buses. “People were being dragged off the buses because they just wanted to ride,” said Bill Bolte of Los Angeles. When ADAPT member Rick James, a cerebral palsy victim repeatedly tried to roll his motorized chair into the street and in front of buses, police officers unplugged the chair’s battery. It left James immobile on the sidewalk. Other ADAPT members reconnected the battery and James pulled up in front of another bus. Metro eventually took the bus out of service and left it parked at the stop during the demonstration. At the Justice Center, all three prisoners co-operated fully with deputies, said Sheriff Lincoln Stokes. About five other demonstrators boarded buses that pulled in the stops at Government Square but they got off the bus when asked to do so, Menkhaus said. - ADAPT (403)
The Riverfront Times, ST. LOUIS' LARGEST WEEKLY: 211,962 READERS EVERY WEEK! MAY 18-24, 1988 [This article continues in ADAPT 398, but the entire text is included here for easier reading] PHOTO: Three plain clothes policemen try to hold back a man in a motorized wheelchair (Ken Heard). One is behind Ken, one beside him holding the armrest and the third is in front bending forward trying to manipulate the driving mechanism that is on the footrest of Ken's wheelchair. (Ken drove his chair with his foot.) Ken is in shorts and an ADAPT shirt and wears a pony tail and head band, and he is leaning forward concentrating on trying to control his chair. A uniformed policeman looks on from behind or is possibly looking to help. On the right side of the photo, another man in a scooter (Tommy Malone from KY) is watching. Behind him is a set of glass doors and blocking one is a woman in a wheelchair (Barbara Guthrie of Colorado Springs). She is wearing dark glasses and a brimmed hat as well as her ADAPT shirt. title: Picket To Ride, Why the disabled take to the streets to get down the road by Joseph Schuster For most who want to take the bus, the biggest problem is finding exact change to drop into the fare box. But for disabled persons dependent on wheelchairs, the fare box is more a slot machine: Their chance of getting on a bus is frequently as unlikely as hitting the jackpot. The problem is an acute shortage of buses equipped with wheelchair lifts to get disabled passengers into the bus. In St. Louis, less than one-fourth of the 690 buses operated by Bi-State Development Agency are equipped with lifts; only half of those available lifts function. The story is the same in almost every city across the United States, and now disabled rights activists are pointing to the lack of accessible transportation as the most significant problem facing the disabled today. "In the past (disabled groups) placed education and employment programs high as a priority," says Mike Auberger, a leader and founder of American Disabled for Accessible Public Transit (ADAPT). "But we've always seen that as the biggest joke: 'Hire the handicapped.' You can give me a job, one that pays a good salary, but if I can't drive (because of a disability) and can't take a bus, there's no way in heaven you can hire me. It's been, 'Here, let's put this piece of the pie out here for you but not give you a way to reach it. The unemployment rate among disabled Americans is appallingly high. The most recent figures available for St. Louis are from the 1980 census, says Russ Signorino spokesman for the Missouri Division of Employment Security. [at this point in the article the first column is cut off on the left, slightly] According to that census, there were 119.000 [disa]bled St. Louisans. but only 48,000 were in [the] work force. says Signorino. Of the 71,000 of the labor force. 59.000 did not work [bec]ause their disability prevented them from [emp]loyment. The balance of 12,000 disabled [unclear]ons were so-called "discouraged workers." [Indi]viduals who had stopped looking for work [beca]use of various factors. ‘You're going to find a higher percentage of [disc]ouraged workers among the disabled (than [amo]ng the general population)." Signorino [said]. Nationally, less than one-third of the country's 13 million disabled are in the labor force, according to the Statistical Abstract of the United States 1986, the most recent edition to {unclear] information on the employment status of disabled Americans. Of those who are in the work force, almost {unclear]-fifth are unemployed. ("Discouraged" workers are not included in the work force; those who are unemployed. but looking for work. are.) This is compared, in the same year, with the able-bodied population of the country, which nearly 70 percent of 133 million persons were in the workforce and 9.6 percent of those were unemployed. The problem of lack of access to public transit brought Auberger and more than 100 other members of ADAPT to St. Louis this week to demonstrate at the annual meeting of Eastern region of the American Public Transit Authority [sic] (APTA), the industry's [principal] trade organization. ADAPT wants the transit industry to move toward what ADAPT calls "100 percent accessibility." That is every bus in the country would have wheelchair lifts. But APTA opposes that saying it is impractical and too expensive. It favors, instead, what is known as "local option." Each transit authority would decide how it would make public transportation accessible for the disabled, using either buses equipped with lifts, paratransit vans with lifts (the so-called dial-a-ride services, or a combination of the two. Right now, 18 percent of the nation's systems use lift-equipped buses exclusively, 44 percent use paratransit vans and the remainder — including St. Louis — use a combination. Nationally, according to APTA Deputy Executive Director Albert Engelken, one in three buses is lift-equipped. That is progress, Engelken says. In 1980, only about 11 percent of the nation's buses were lift-equipped. But for ADAPT and others in the disabled community, the progress is too slow. “I'm damned impatient," says Jim Tuscher, vice-president of programs for Paraquad, a St. Louis non-profit agency that serves disabled people. "I personally have been involved with Bi-State for well over 10 years, negotiating, trying to get an accessible transit system and today we still do not have an adequate system. Sure, their attitude is better now than it was 10 years ago, in that they are willing to cooperate with the disabled community. They had to be dragged, kicking and screaming into this. But I‘m a results person and so far I haven't seen any. I still can't go out to the corner and take a bus." Currently, 171 (24.8 percent) of Bi-State's 690 buses are equipped with wheelchair lifts. Tom Sturgess, the company's director of communication, says the system has a goal of 100 percent wheelchair accessibility, but getting there is a slow process. Later this summer, the number of lift-equipped buses will be increased to 238, but that will still mean that only one in three Bi-State buses can be used by a disabled person. Sturgess says Bi-State has notified its manufacturer that it will be buying another 60 lift-equipped buses sometime in the near future. Of the company's present 171 wheelchair lifts, only 85 (or just less than half) function. “We've had a lot of problems with them." says Sturgess. “The new buses we're getting will have a different kind of lift in them, one we think will work. Of those we have, we're in the process of repairing as many as we can, but some will never operate again. We're convinced it wouldn't be economically feasible to do so. The biggest problem is the salt they spread on the streets and highways. It sprays up into the lift mechanism, corrodes the wires and rusts the lifts.“ Because there are so few lift-equipped buses at present, only 16 to 18 of Bi-State's 129 routes have accessible buses, says Todd Plesko, Bi-State's director of service planning and scheduling. But not every bus that travels those routes has a lift. For example, on Bi - ADAPT (596)
Page 8-A EXPRESS-NEWS, San Antonio, Texas, Tuesday, February 14, 1939 [Headline] Federal court order could have impact on VIA budget Complied from Staff and Wire Reports INSERTED QUOTE: “ The impact of the majority‘s decision will be very substantial throughout the country and will interfere with the local decision-making authority. I feel the court is overreaching." - Judge Morton Greenberg PHILADELPHIA — A court order Monday requiring the US Department of Transportation to require transit authorities to equip new buses with wheelchair lifts could have a significant impact on the budget of San Antonio's VIA Metropolitan Transit. 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. Carol Ketcherside, assistant for governmental affairs to VIA manager Wayne Cook, said the wheelchair lifts add at least $15,000 to the cost of a new bus. The average life-time of a VIA bus is 12 years, she said, and when the expense is spread across a fleet of 500 buses, the cost for lifts "would be significant." The $15,000 cost does not include the cost for maintaining the lifts or for refitting bus stops to make them accessible, she said. All bus stops being built by VIA currently are accessible, however. The 3rd U.S. Circuit Court of Appeals said Monday 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, which VIA offers. The court said a rule requiring reservations 24 hours in advance for use of the alternative transportation 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 federal judge ordered VIA in 1985 to upgrade its services for the handicapped following a class action suit brought in 1983. The bus company's response was to create VIAtrans, a fleet of specially equipped vans that provide service to the handicapped who give advance notice. Ketcherside also said VIA already spends more than the 3 percent maximum the Transportation Department can require for its accessibility programs. "We far exceed the requirements of the federal government" she said. She said VIA will have to wait to see whether the Transportation Department will appeal the ruling or issue new regulations in accordance with the appeals court order to determine how it will affect the transit company. A coalition of disabled people and 12 organizations called Americans Disabled for Accessible Public Transportation (ADAPT) filed the lawsuit last year that led to the appeals court decision. 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, vans for the handicapped, or combination of the two. U.S. District Judge Marvin Katz overturned the provision in cases where the transit authority buys any buses. He also overturned a regulation requiring authorities to spend no more than 3 percent -- of their average annual operating budget on transportation for the handicapped. Katz called the limit arbitrary and said it allowed transit agencies "to eviscerate the civil right" to transit service that Congress mandated for the handicapped. Circuit Judge Carol Las Mansmann in writing the 2-1 opinion also cited Congress' intent. "Congress wanted to provide the disabled with the capability to utilize mass transit to the 'maximum extent feasible.' The DOT has failed to show that requiring the future purchase of accessible buses oversteps this legislative intent." Mansmann wrote. In a dissenting opinion, Judge Morton Greenberg said the section requiring new buses to be accessible was not meant to apply to transit systems choosing paratransit system, such as special vans. He also [said] the 3 percent cap was not arbitrary. “ The impact of the majority‘s decision will be very substantial throughout the country and will interfere with the local decision-making authority," Greenberg wrote, "I feel the court is overreaching." Timothy Gold [Cook] who argued the case before the court, said the ruling was “a major, major victory for the handicapped community ... we can't say enough positve things about it." Gold [Cook], who is now director of the Washington-based National Disability Action Center, said he hoped the ruling would not be appealed in light of President Bush's recent comments about wanting to bring the handicapped into the mainstream." - ADAPT (109)
The Denver Post Friday, Dec. 18, 1981 [Headline] Handicapped Will Protest RTD Wheelchair-Lift Ban By George Lane Denver Urban Affairs Writer The board of directors of the Regional Transportation District Thursday made it official – there will be no wheelchair lifts on 89 high-capacity buses expected to be delivered in 1983. The board actually decided a month ago there would be no lifts on the new buses, but they have been hedging on finalizing that action because of objections voiced by the area’s disabled community. Following the vote on the lifts, Wade Blank, co-administrator for the Atlantis Community for the disabled and organizer of the protest against the RTD action, told the transit directors that members of the handicapped community view the action as a violation of their human rights and they will respond to that violation Jan. 4. Blank later said members of the disabled community will be in “training for civil disobedience” between now and Jan. 4. He said beginning Jan. 4, 10 disabled persons in wheelchairs will stage a sit-in in the office of L.A. “Kim” Kimball, RTD’s executive director and general manager. “Everyday during the month of January, 10 disabled people will be occupying Kimball’s office,” Blank said. They won’t have any able-bodied people with them – and if they’re arrested they will be replaced by 10 more. At the conclusion of the board meeting, Kimball told the directors that the RTD staff will take steps to try to prevent this action, but he doesn’t think it proper to discuss those steps at this time. The RTD board during its Nov. 19 meeting voted to save more than a million dollars by not ordering the lifts on the new buses. The RTD staff recommended this action because they said the lifts are expensive (more than $12,000 per bus) and difficult to maintain. The staff proposal was to use the articulated buses on high ridership bus routes, freeing regular buses with wheelchair lifts to provide better service for the handicapped. A delegation from the handicapped community objected to this proposal, with arguments that RTD officials had promised several years ago that 50 percent of the district’s bus fleet would be made accessible to wheelchair-bound riders and all new buses would be ordered with lifts. About 25 disabled persons from Atlantis staged a wheelchair-bound sit-in following the November meeting until Kimball and three board members promised to attempt to get the entire board to reconsider the action. Thursday’s vote was the outcome of that promise.