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ADAPT (489)
Daily News, Wednesday, September 27, 1989 Handicapped protesters gain support Photo: A man kneels in the middle of a group of three people in wheelchairs, as they talk. Behind him another man stands looking down. One of the three people in wheelchairs, Mike Auberger, with his braids, is seen from the side; another facing the camera has on a hat covering is eyes; and the third has his or her head down reading a paper in their lap. photo by: JOHN BAZEMORE /Daily News Caption: Steven Diaz, chief counsel for the Urban Mass Transportation Administration, meets Tuesday in Atlanta with protesters to discuss their concerns. The Associated Press ATLANTA — Handicapped protesters who occupied a federal building for two days won a pledge of support from the Bush administration Tuesday, but failed to get their main demand — a federal order requiring wheelchair lifts on all new public buses bought with federal funds. The Department of Transportation “cannot issue a summary order commanding immediate access including wheelchair access for all transit,” said Steven Diaz, chief counsel for the Urban Mass Transportation Administration, who met with the protest leaders. “We would if we could." But Diaz said DOT officials and the protesters had agreed on three points: * Transportation Secretary Samuel Skinner will be urged to meet promptly with disabled activists to ensure a “principle of accessibility” until Congress passes the Americans with Disabilities Act. * The protesters will be allowed to continue a “symbolic presence" at the Richard B. Russell building in downtown Atlanta. * Officials will relay to Skinner the protesters’ concern that new rules for handicapped accessibility to air travel are not being drafted quickly enough. "This agreement by no means resolves the problem of access; it just brings us a step closer," said Mark Johnson, 38, of Alpharetta, one of the protest leaders who met with Diaz and other DOT officials. He said he didn't know whether the protesters would leave the building, where they blocked elevators and entrance doors earlier Tuesday. “We may stay here through Thursday, or we may just leave a sticker on the wall. There could be a constant vigil at the building, or we could all leave," he said. The protest by members of ADAPT, or American Disabled for Accessible Public Transportation, began Monday when Skinner was in Atlanta to address the convention of the American Public Transportation Association. At least two dozen protesters chained themselves to doors or blocked exits with their wheelchairs Monday. Authorities attempted to eject several protesters from the building Monday evening, but President Bush intervened and let them spend the night inside rather than send them out into the rain.
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ON THE MOVE [Headline] Disabled Win Partial Victory in Sit-In Over Bus Access By Alma E. Hill Staff Writer The second day of protests by disabled persons — who blocked the main entrances and elevators of the Richard B. Russell Federal Building — ended Tuesday afternoon when an agreement was reached between officials of the Urban Mass Transportation Administration (UMTA) and leaders of the demonstration. American Disabled for Accessible Public Transportation (ADAPT) protested a lack of access for the handicapped to public buses and demanded an immediate order from the federal government that all new buses be equipped with wheelchair lifts. In an impromptu meeting on the front steps of the building with protest leaders, Steven A Diaz, chief counsel for UMTA, said it was not within U.S. Transportation Secretary Samuel K. Skinner's authority to issue such an order. However, he agreed to ask Transportation Department officials to meet with the protesters to establish a process to identify public transit authorities that are deliberately speeding up purchase of new buses to circumvent a bill pending in Congress mandating that such buses have wheelchair lifts. The Americans With Disabilities Act would require new buses purchased with federal dollars to be equipped with lifts. The equipment would add about $12,000 to $15,000 to the cost of a new bus and an additional $2,000 per year to maintain, according to John A Cline, associate administrator of UMTA. Without the lift, a bus costs about $155,000. UMTA also agreed to relay to Mr. Skinner ADAPT‘s concerns about the slow implementation of the Air Carriers Access Act of 1986, which stipulates that airports be accessible to the handicapped. The agreement fell short of demands protesters had made at the start of the demonstration, but ADAPT leaders said ... DISABLED Continued on B5 [we do not have second part of this article] PHOTO 1 (by Andy Sharp/Staff): A wiry grey haired man in an ADAPT T-shirt, raises himself in his motorized wheelchair, using his arms and legs to push out of the seat, mouth open yelling. Behind him a young woman with an ADAPT headband around her forehead looks at him and yells. Someone's hand is grabbing the armrest of his wheelchair. The two are trying to hold an elevator door open to block the elevator. Behind them a policeman in a hat with a tattoo on his arm tries to push them out and close the door. Caption: Police try to stop Arthur Campbell of Louisville, Ky., from blocking an elevator in the Federal Building Tuesday; at right is protester Rhonda Lester. PHOTO 2 (by Marvin Hill, JR/Staff): A woman, yelling, presses her motorized wheelchair up by the glass doors. There is a "Do Not Enter" sticker above her head. Beside her a man sits in his wheelchair with his back to the door, blocking it. Behind them several other protesters are visible through the reflections on the glass of the door. PHOTO 3 (by Andy Sharp/Staff): A disabled man lies on the floor on his side by a wheelchair while another young man with a backpack stands beside him holding a sports chair over his head as if ready to carry it over the man on the ground. Behind them a man stands on one side and on another a woman stands with her arms akimbo as if trying to balance. A small crowd is visible through the confusion. caption for photos 2 & 3: Christine Coughlin of Phoenix, Ariz. (above) joins in Tuesday's protest; Bob Kafka (right) lies on the floor to help block access to the building's elevator.
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Court Says Yes Again Bush agrees to back lifts, allows ADAPT to occupy federal building [This is part 2 of the story that starts on ADAPT 508, the full text of the story appears on 508]
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The Handicapped Coloradan AUTUMN 1989, VOL. 12, NOS. 4 & 5 [This is the full text of an article that appears in ADAPT 508 and 504] [Headline] FEDS GIVE IN! [Subheading] It ain't over till it's over—and it’s over A struggle that began ten years ago in falling snow on the streets of Denver may have ended this October in Atlanta, the city where Martin Luther King, Jr., preached the value of civil disobedience from the pulpit of the Ebenezer Baptist Church. As more than a hundred demonstrators held the Richard B. Russell Federal Building hostage, representatives of President Bush and the American Disabled for Public Transportation (ADAPT) hammered out an agreement that will eventually put a wheelchair lift on every bus in America. The statement stopped short of a full promise to mandate lifts, but it did contain this Statement: "Full accessibility in public transit is the President's policy." And it did promise that the government would try to prevent any transit system from purchasing non-equipped buses before the Americans with Disabilities Act (ADA) is adopted. That measure does mandate full accessibility and is expected to be approved by Congress and signed by the President. Privately, federal negotiators told ADAPT that they would guarantee that no more systems buy liftless buses, according to informed sources, who said that a videotape of this promise exists. It is probably too late to block the purchase of non-accessible buses in Pittsburgh and Albuquerque, however, since these cities have already had their proposals approved. The Atlanta agreement comes in the wake of a decision by the U.S. Court of Appeals for the Third Circuit in Philadelphia that reaffirmed an earlier decision by the court that persons with disabilities must be provided effective access to public transportation services throughout the nation. In the 9-3 ruling, the Court of Appeals struck down a regulation issued by the U.S. Department of Transportation limiting the amount that transit systems had to spend on disability access to three percent of their operating budgets. The Court said that the limit was "arbitrary and capricious.” By an 8-4 vote the Court ruled that existing buses need not be retrofitted but that all new buses must be equipped with lifts. Timothy M. Cook, director of the Washington-based National Disability Action Center, who argued the appeal on behalf of ADAPT, said the decision will lead to the adoption of multi-modal systems that include accessible mainline buses as well as door-to-door transit for those who are unable to board lift-equipped buses. The July 25 ruling reaffirmed a similar ruling made in February by three of the judges. That decision had been appealed by the DOT. The Court of Appeals has sent the case back to the lower court with instructions that it set a specific time-table for the issuance of new regulations by the Secretary of Transportation. One of ADAPT's founders, Wade Blank, said the court decision and the concessions made by the President in Atlanta were very satisfying, but that somehow the group was unable to celebrate, at least in a formal fashion. “I went down to a meeting [of the RTD Handicapped Advisory Council] and told the people there that we had won this great victory, and most of them didn't even know what I was talking about," he said. Blank said the accessibility victories that had already been won in Denver had made these people complacent. It was a different story in Atlanta, however, where scores of demonstrators from across the country had converged to picket the annual convention of their arch-nemesis, the American Public Transit Association (APTA), which has consistently opposed any attempt to require mainline wheelchair accessible service. ADAPT has been picketing national and regional conventions of APTA since the organization met in Denver in 1983. Except for Denver, where the demonstrators had the endorsement of the city’s mayor, Federico Pena, those meetings have been marked by demonstrators being arrested for picketing the APTA convention headquarters and for blocking city buses. The story was a little different in Atlanta where the demonstrators made a token push at the barricades around the Hilton Hotel on Sunday, Oct. 24, before they moved on to their real objective, the Russell Federal Building, the next day. Wheelchair protesters poured into the building, jamming hallways and blocking elevators, which trapped federal employees on the top floors of the building. At 6 p.m. federal marshals moved in and began physically removing demonstrators, but with little success. As marshals pried open a door and wheeled one demonstrator out, several more sped inside. One demonstrator managed to be escorted out of the building seven times. It was a game of musical wheelchairs until President Bush intervened, ordering the marshals to let the demonstrators back into the building. Things quieted down until the next day, Tuesday, Oct. 26, when the demonstrators once again poured into the building and blocked the elevators. “It got a little ugly," Blank said. "Some of the disabled people were attacked by federal employees." But even as demonstrators and federal employees were battling to see who would eventually gain control of the building, the historic agreement that would end non-accessible public transit was being signed. ADAPT had won, although a few blocks away APTA officials were arguing that the group had not been instrumental in the decision. With a public transportation victory in their hip pocket, ADAPT turned its attention to the private sector on Wednesday by halting bus service at the Greyhound terminal in downtown Atlanta for more than five hours. Demonstrators blocked the driveways and in some cases chained themselves to the drivers’ steering wheels. More than two dozen of them were arrested, but all were later released on their own recognizance. Greyhound regional manager Tom Street said that only four buses, carrying a total of 80 passengers, left Atlanta during the siege, instead of the normal 20 buses and 600 passengers. Greyhound has a “Helping Hands" program where persons in wheelchairs may ride the buses so long as they are accompanied by an able-bodied friend, who rides free. Demonstrators said that this policy severely restricts their freedom of travel. They were also upset that Greyhound does not allow battery operated wheelchairs to be transported on their buses. Boxed Text: Text of statement signed by Feds, ADAPT in Atlanta The following is the text of the statement issued on Sept. 26, I989, in Atlanta by representatives of ADAPT and the federal government. We have had the opportunity to meet with representatives of the disabled community here in Atlanta today. We have mutually agreed to the following points: 1. The Urban Mass Transportation Administration will recommend to Secretary Skinner that officials of the Department of Transportation and representatives of the disabled community shall promptly meet and confer for the purpose of establishing a process for identifying and dealing with any eleventh hour attempt to circumvent the principle of accessibility prior to the adoption and effective date of the Americans with Disabilities Act. Full accessibility in public transit is the President's policy, We are making this recommendation because the Department cannot issue a summary order commanding immediate accessibility, including wheelchair accessibility for all transit. We would, if we could. 2. Because the President shares the sense of urgency of the demonstrators here in Atlanta for the passage by the House of Representatives of the Americans with Disabilities Act, we have agreed to recommend that a workable arrangement be negotiated to accommodate a continuing symbolic presence by the disabled community at the Richard B Russell Federal Building. 3. We have also agreed to communicate to Secretary Skinner the concern expressed here that the current rule-making for implementation of the Air Carriers Access Act of 1986 is not on a sufficiently tight timetable and should be resolved at the earliest practicable date. End of boxed text. PHOTO (by Tom Olin?): A medium close up of Lillibeth Navarro, a small Phillipina, who leans forward intensely, chanting or yelling full force. She sits in her motorized chair her right hand in a fist resting on her armrest. Her large glasses and glossy dark hair seem almost out of place with her intensity. She is wearing and ADAPT shirt that says "I Will Ride" and has the old "no steps" (a set of steps covered with a circle and a diagonal bar across - the no symbol) logo surrounded by "American Disabled for Accessible Public Transit." On the left shoulder of her shirt you can see the list of cities ADAPT had held actions. In her lap a bandanna covered with the "no steps" logo. Caption: I am a disabled person. Hear me roar.
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METRO Magazine March/April 1991 This article is on 568, 555,551 and 547 and is included here in its entirety for ease of reading. Disabilities Act Forces Sweeping Transit Changes Public, private operators must comply with new ADA law. Uncle Sam hustles to fine tune countless provisions. By Lenny Levine The Americans with Disabilities Act (ADA) will force sweeping changes on the transit industry, both public and private, and the battle to implement it is just being joined. When President Bush signed ADA into law last July shortly after overwhelming approval by Congress, it was the culmination of a decade-long struggle by advocates for the 43 million handicapped Americans and others to provide equal access for the disabled. The law affects transit buses, passenger trains, motorcoaches, stations and how the people who run them do business. Much is known about the law. Indeed, many in transit have long anticipated its provisions and made pieces of their operations “accessible,” the operative word. More, however, is not known. A slew of federal agencies is tuning the law. The name of the tune will unfold with time. What is known is this: Public agencies must make accessible all new vehicles purchased after last Aug. 25. Transit systems buying used vehicles must demonstrate “a good faith effort" to get accessible vehicles. Agencies that remanufacture vehicles to extend their life at least five years must make them accessible. All criteria, much of which has yet to be spelled out, must be implemented regardless of cost. All that also applies to private operators contracting with public agencies. There is some wiggle room, however. Waivers may be obtained in certain cases. That, too, will be spelled out as ADA is further refined. Motorcoach operators have more wiggle room, years of it. ADA says small private operators have six years after enactment of the law to become accessible, large operators, seven. But there begins the bureaucratic snafu. “What ‘small’ and ‘large’ mean haven't even been defined for us yet," said Steve Sprague, vice president for governmental affairs of the United Bus Owners of America (UBOA). He said “large” will probably be defined as Interstate Commerce Commission Class I operators. But the definition is a long way off. That definition — and countless other details that will govern the motorcoach industry —— will come from an old friend of bus folk. It is, ta da: THE STUDY. ”The study was mandated by ADA to govern the motorcoach industry. It is to be conducted by a broad-based committee of government, industry and technical people and advocates for the disabled over three years. Then the secretary of transportation reviews it for a year, and public comment is collected after that. Problem is, the study’s birth is overdue, wrapped up in Washington's womb of bureaucracy. Sprague, a member of the study’s committee, explained the delay like this: The committee is to be set up by the Office of Technology Assessment (OTA), an arm of Congress. OTA has never conducted such a study. And Congress has not yet given OTA money to do the study, although “the powers that be at OTA are trying to get the money." Sprague predicted the end result of the study will be that “overall, access must be provided for the disabled" by private operators. That could take many forms, Sprague said: There could be a subsidized pool of over-the-road vehicles regionally; the public fleet could be subcontracted to private operators; and, of course, private operators could make their vehicles accessible, one way or another. QUOTE highlighted from text: "It's a good thing we were given time to get things done" —Steve Sprague Charter law prevents public agencies from doing charter business if private charter buses are available, Sprague said, and it will remain so, for now. And there’s still the definition of what “access” means. UMTA is drafting rules and regulations. And the federal Architectural and Transportation Barriers Compliance Board has been holding hearings around the nation and must publish a final rule by April 26 on access to buildings and terminals, but not buses. In the meantime, while waiting for the federal government to define "access," Sprague said the secretary of transportation cannot demand wheelchair lifts on motorcoaches, but can only say buses must be accessible; that could be lifts, ramps or free assistance in boarding. “So it doesn’t necessarily mean there will be a bunch of new lifts," Sprague said, “because the secretary could not demand physical changes in equipment while the studies are under way. He can just say, ‘Don't discriminate.”’ With all the expected changes due, Sprague said, “It’s a good thing that we were given time to get things together.” If private operators have a few years to get things together, public transit agencies face Armageddon July 26. That’s when UMTA publishes a final rule on access. The notice on the rule will be published in March, said Richard Centner, UMTA director of public affairs, and there will be 60 days for public comment. Included in this complicated rulemaking process is input from federal agencies previously mentioned, plus the Federal Railroad Administration, Justice Department and other agencies within the Department of Transportation. An interagency task force has been formed, Centner said, to make sure all segments of the bureaucracy are on the same track. APTA recently was cosponsor of a seminar on accessibility, and is collecting data. For more information, phone Deborah Dubin at 202/ 898-4098. Transit agencies around the nation have long been providing service to the disabled, be it with paratransit, demand-responsive service or accessible buses. Some were doing it before ADA became a buzzword, others in anticipation of it. The Rapid Transit District in Los Angeles, for example, recently celebrated a decade of accessible service to the disabled. In 1974 the RTD became the first transit agency in the nation to begin buying all new buses with wheelchair lifts. “Today, 97 percent of RTD’s bus fleet of more than 2,600 buses are equipped with a wheelchair lift, and in the next couple of years the entire fleet will be lift equipped," said RTD General Manager Alan F. Pegg. Three percent, or 40,000, of RT D’s 1.3 million daily riders are disabled. Wheelchair boardings average 400 a day. In 1986 half the proceeds from a San Francisco Muni senior citizen fare increase were earmarked for paratransit. In 1989 San Francisco voters followed the lead of other voters in the area and approved a local sales tax increase for transportation, with eight percent of it set aside for paratransit. The Toledo Area Regional Transit Authority in Ohio recently began a program to help visually-impaired bus passengers. Cards are provided displaying the passenger’s bus route in a number large enough for a driver to see. The Central Ohio Transit Authority and a local group will share a $42,000 grant from Project ACTION to create and demonstrate cooperative methods for improving accessible public transportation. A local steering committee has proposed: mobility fairs where passengers can get training in using lifts; training for drivers; tapes to train passengers to become independent when using the transit system; and hosts and hostesses on the agency’s 41 new lift-equipped buses to help new riders. In addition to changing the face of transportation, ADA is also spawning a host of products. New wheelchair lifts and securement devices are only the beginning. One new product, Luminator’s large-format GTI Matrix Sign, is nearly double the size of the company’s MAX sign system. The new system has 16 rows by 112 columns and can display characters 9.5 inches high on a single-line message or two lines of characters 4.1 inches high. Luminator, of Plano, Texas, promotes the system as beneficial to riders who have limited vision. Remember ADAPT? “We've gotten everything we wanted in public transit,” said Wade Blank, founder of a group called ADAPT. Blank’s group was a driving force behind ADA and he and his colleagues have been a fixture for years demonstrating at APTA conventions. “I missed the intrigue of this year's convention," Blank admitted. ADAPT is still active in the rulemaking process for buses and trains, working with UMTA on an advisory task force.... Blank said, though, there is still some work to be done in the private sector. He said he is negotiating with Greyhound to allow a wheelchair on its buses instead of stowing the wheelchair and having an attendant put the wheelchair passenger in a regular bus seat. Blank also noted that it might not cost much more to build all buses from scratch with wheelchair lifts. He said, “We have agreed to accept the regulatory process and accept the five or six years" it will take to implement ADA for private operators, but “we really don't need five or six years. "The writing is on the wall." Although Blank may miss the intrigue of bus conventions, his group is taking on a new public giant. The group has changed its name from Americans Disabled for Accessible Public Transit to Americans Disabled for Attendant Programs Today. ADAPT is tackling the nursing home industry, which Blank said gets $19 billion yearly from Medicaid. Blank would take S5 billion of that and put attendants in homes of the elderly to care for them, thus keeping them out of nursing homes. Many questions remain on implementing ADA They involve more than just making buses and trains accessible to wheelchairs. Are elderly people, for example, considered “disabled?” There will be detailed regulations devised to accommodate the blind and the deaf. That could include special markings on vehicles and terminals. Route signs, handrails and fare boxes must be “accessible.” What about securement devices? And ADA specifies new employment provisions. Beginning July 26, 1992, employers with 25 or more employees cannot discriminate against qualified people with disabilities in job application procedures, hiring, promotion, firing, pay and job training. The employer must also make “reasonable accommodation" to disabled workers such as making existing facilities accessible, job restucturing, part-time or modified work hours and the provision of qualified readers or interpreters. On July 26, 1994, the provisions extend to employers with 15 or more workers. Transit people “are concerned about implementing ADA without cutting service," said an industry insider. “People candidly ask what will happen it they don’t (implement ADA)? lt will be a given there will he a lot of lawsuits if they don't, but we're all working together on this." "... in the next couple of years the entire fleet will be llft equlpped." -- Alan F. Pegg PHOTO: Close up of Wade Blank. He is wearing tinted, wire-rimmed, round glasses and his long hair falls from the part in the middle of his head. Caption reads: Blank. PHOTO: Close up on sign on the front of a bus reads "FLXIBLE" and an access symbol on one side. Caption reads: Luminaior's new matrix sign with letters 9.5 inches high is easier to read for passengers with vision problems.
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PHILADELPHIA DAILY NEWS 3-25-89 PHOTO (by SAM PSORAS/ DAILY NEWS): A group of people with picket signs are gathered in front of a dark wall with a door. A woman (Cassie James) in a motorized wheelchair is sitting sideways in the center. She has a huge sign that reads in great big letters "ACCESS NOW." She has shoulder length hair and is wearing glasses, a dark coat, white pants and stylish boots. In front and to her left another woman in a wheelchair is sitting in front of the doorway leaning to one side talking to a woman in a midcalf length coat holding a cane. The woman in the wheelchair is holding a sign that reads "Disabled In Action." Above the door on the side of the wall you can read "841 Chestnut ..." Behind the woman in the center is another person standing with a sign that reads "Access is a civil right!" That person is looking at 2 other women standing, one of whom is holding an 81/2 by 11 sized bundle and is wearing a coat and boots and seems to be holding a bull horn. Beside her the last person is holding a sign that reads "No Appeal." Caption reads: ALL THEY ASK is ALL ABOARD A contingent of eight protesters, some in wheelchairs, picketed the United Mass Transit Administration office, 841 Chestnut St., yesterday in support of a recent 3rd U.S. Circuit Court or Appeals ruling that all buses bought with federal funds must be accessible to disabled riders and that all who can't use buses must be afforded other mass transit. The protesters said they represented a variety of advocacy groups staging protests nationwide on behalf of 5 million disabled and elderly Americans.