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ADAPT (354)
Austin American-Statesman Sunday, October 25, 1987 Lifestyle section Title: Streetcars and Desire Activist couple dedicate lives to tearing down walls between city buses and the disabled By Carlos Vidal Greth, American-Statesman Staff (This is a compilation of the article that is on ADAPT 354 and ADAPT 353. The content is all included here for easier reading.) Most visitors to the Bay Area relish the opportunity to hop a cable car and "climb halfway to the stars," as Tony Bennett croons in his signature song, I Left My Heart in San Francisco. Stephanie Thomas, organizer for Americans Disabled for Accessible Public Transportation, had other ideas. "To mobility-impaired people, keeping those historic symbols of public transit alive memorializes inaccessibility and makes it seem like a positive thing," she said. ADAPT, a national civil-rights group, strives to make it easier for disabled people to ride city buses. They differ from mainstream disability-rights groups in that members sometimes commit acts of civil disobedience when the usual political channels clog or hit a dead end. Thomas, her husband Bob Kafka, and eight other Austinites went to San Francisco in late September to conduct a protest during the national convention of the American Public Transit Association, a lobbying organization. Kafka and 15 others were arrested when they climbed out of their wheelchairs and staged a sit-in at the cable car turnaround at Powell and Market streets. Thomas was arrested twice, once for blocking a shuttle bus and once for blocking a cable car. "I've been arrested eight times or so," she said. "I've lost count. Bob has been arrested 14 times. The police are usually aware it's a demonstration about civil rights, and that we're not out to hurt their city. But it's scary. We're not automatons. Some members break down and cry when they go to prison." As far as Thomas is concerned, the suffering has been worth it. "The demonstrations got national exposure. More important, we got the transit association's attention. They are beginning to listen." Thomas, who is also executive director of the Coalition of Texans With Disabilities, could sit for a poster portrait of the committed political activist. Her shock of amber hair shifts of its own accord like the wind ruffling a field of grain. Wide, blue eyes fix visitors with the riveting gaze of a woman who believes she fights for what is right. She was born 30 years ago in New York to parents who fought for justice in their way. Her father organized political campaigns and worked for arms control. Her mother, a writer, was involved in the women's movement. "Mom taught me to question people's perceptions," Thomas said. "The women's and disabled movements have something in common: We're defined by our bodies. You have to fight that all the time." Her first protest occurred when she was in elementary school. Mothers in the apartment building where her family lived wanted to establish a day-care center. The owners didn't want to provide the space. "Women and children took over the building," Thomas said. "We weren't angry college protestors. We were non-threatening moms and kids. But our presence made a difference." Despite her progressive upbringing, she was a shy girl who hid from the world behind the covers of books. When she was 17, her legs were paralyzed when she fell off a farm tractor while doing chores. What could have been a tragedy turned her life around. "I realized that life doesn't go on forever, and that you need to make the most of every moment," Thomas said. Thomas attended Harvard, where she and other disabled students organized a group to help make campus more accessible. "When I look back, I see we were very tame,” she said. “We were polite but usually got what we asked for.” Over the years, Thomas became increasingly active in disability rights. She got involved in independent living centers, communities of disabled people supporting one another so they can live with dignity outside institutions. In the early 1980s, she joined the Austin Resources Center for Independent Living. She went to work for the Coalition of Texans With Disabilities in 1985. The 9-year-old coalition lobbies for, represents and coordinates 90 organizations (including ADAPT) concerned with disabilities, as well as the more than 2 million disabled Texans. “It is the collective voice for the disabled in Texas,” said Kaye Beneke, spokeswoman for the Texas Rehabilitation Commission. "They’re committed - the members live every day with the problems they try to solve. “Stephanie understands there’s a spectrum of political views in the coalition, which tend to be more middle-of-the-road than ADAPT. She takes responsibility for the representing of all those views. But don’t call the coalition passive. They’ve had their way in the legislature and on the local level.” As a leader in two of Texas major disability-rights organizations, Thomas has her hands full. It helps having Bob Kafka, who broke his back in a car accident in 1973, at her side. The experienced trouble maker -- albeit trouble for a good cause -- has made a name for himself. He won the Governor’s Citation for Meritorious Service in 1986. Appropriately, Kafka met Thomas at a disability-rights conference. “Stephanie was real involved, real committed and real attractive,” he said. Sharing home and office has increased their commitment to the cause they serve- and to each other. “Bob and I are an activist couple,” Thomas said. “It’s intense because we work so closely. But it’s rewarding. It has made us an incredibly tight couple.” Thomas has to rework her concept of activism when she joined ADAPT. “Demonstrations force the public to look at disabled people in a different light,” she said. “The cripple is the epitome of powerlessness. We say we’re sorry if it scares you to look at me, but we have to live our lives.” Confrontation, however can cost allies as well as foes. This year, the Paralyzed Veterans of America severed ties with ADAPT and any organization "advocating illegal civil disobedience.” “Our charter states that we must act in accordance with the laws of the land,” said Phil Rabin, director of education. “To act otherwise would be to violate our charter. “The veterans and ADAPT members share first-hand the frustration of living in a society that is not accessible to the disabled. We don’t want to fight ADAPT. It’s a waste of precious resources to divert our energies.” Though Thomas’ group is controversial, it has achieved many of its goals. Albert Engleken, deputy executive director for the American Public Transit Association in Washington, D.C., acknowledged that ADAPT’s street theater has had some effect. In September his organization created a task force to study the issue of providing service for disabled, he said. Engelken, however is not a convert to their cause. “ADAPT wants a lift on every transit bus in the country,” Engelken said. “We believe it should be left to local transit authorities to decide how to handle transportation for disabled people. Transit officials are not robber barons. We’re paid by the public to provide the most mobility for the most people.” Thomas knows how to work within the system. Ben Gomez, director of development for Capital Metro, said ADAPT members have been effective on the Mobility Impaired Service Advisory Committee, which makes recommendations on service to the transit authority board of directors. “They’re well-organized,” Gomez said. “We don’t always agree on the approach and issues. We’ve made many of the adjustments they’ve asked for, but not always within their time frame.” The concessions have been gratifying, but Thomas has only begun to fight. “ADAPT took a dead issue änd made it hot again,” she said. For information on American Disabled for Accessible Public Transportation, write to ADAPT of Texas, 2810 Pearl, Austin 78705/ To learn more about the Coalition of Texans With Disabilities, call 443-8252, or write to P.O. Box 4709, Austin 78765. [curator note: addresses and phone numbers no longer valid] Staff Photo by Mike Boroff: A man (Bob Kafka) with Canadian (wrist cuff) crutches, a plaid shirt, light colored jeans and sneakers sits in the lap of a woman (Stephanie Thomas) with wild big hair and a button down shirt. She is sitting in a manual wheelchair. Caption reads: "Bob and I are an activist couple,” says Stephanie Thomas who met Bob Kafka at a rights conference. “It’s intense because we work so closely. But it’s rewarding.” Photo by Russ Curtis: A group of protesters are looking up at something over their heads and their mouths are open shouting. In the front of the picture a woman in a manual wheelchair (Stephanie Thomas) is sitting on a line on the pavement that reads passenger zone. She has her finger raised pointing and is wearing a t-shirt with the ADAPT no-steps logo. Beside her is a man (Jim Parker) with a headband looking back over his shoulder, beside him another man in a wheelchair. Behind Jim stands a woman (Babs Johnson) with her arms by her sides and her mouth open yelling. Behind her a line of other protesters is arriving. Caption reads: ADAPT organizer Stephanie Thomas traveled to San Francisco to participate in a rally protesting the policies of the American Public Transit Association.
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San Francisco September 30,1987 S.F. Independent PHOTO (right middle of page) by Rick Gerharter: At least nine wheelchair users (among them, Rick James, Stephanie Thomas, Woody Carlson, Cathy Thomas or Julie Farrar and others) fill the front of the frame blocking a bus with a sign with the APTA logo and Hotels written on it. Most of the blockers are facing toward the bus, away from the camera. Police stand on either side of the bus. Two protesters have Proud and Disabled bumper stickers on the backs of their wheelchairs. Caption: Disabled protesters blocked a SamTrans bus Monday at the American Public Transit Association convention taking place this week at Moscone Center. [Headline] Bitter Protests at Transit Meet By: Carol Farron [This story continues on a second page we do not have at this time.] Disabled people from throughout the United States are angry and have gathered in San Francisco this week to protest the lack of accessibility on public transit systems throughout the nation. The protesters are hoping to force transit officials who are convening at the annual meeting of the American Public Transit Association to change their thinking on transit accessibility for the disabled. APTA, public transit's biggest lobbying group, took the lead in the early 1980s in convincing Congress to overturn federal regulations allowing full transit accessibility for the disabled. What resulted from that decision was a "local option" plan. This allowed individual transit agencies to decide if they would provide accessibility for the disabled on fixed route service or an alternate van/taxi service. Many disabled `groups` are unhappy with that outcome, charging that the local option denies them their civil rights and impedes or prohibits their ability to attend school or hold down jobs because of a lack of transportation. Additionally, many disabled say that paratransit is a paternalistic system that segregates them from society, and users are made to feel helpless. APTA members contend that full accessibility is expensive and unworkable. They say that equipping buses and trains with lifts is too expensive given the number of disabled riders. The disabled, however, say that transit's estimates of disabled riders are low, and accessible transit can work as cities like Seattle, San Francisco and Denver have proven. More than 200 wheelchair bound men and women said last Saturday at a press conference that because the current regulations deny them their civil rights they came prepared to be arrested - and that they were. Thirty-four people, most in wheelchairs, were arrested at a City Hall protest last Sunday, and another 22 were arrested in for blocking a Samtrans bus at Moscone Center on Monday. Many more arrests are expected until the convention's conclusion this Thursday. "This is a militant bunch of protestors," said Jack Gilstrap, executive vice president of APTA. "These people terrified and roughed up some of our members at city hall. "Just because someone is in a wheelchair doesn't mean they're nice." Marilyn Golden of SAAT, the September Alliance for Accessible Transit, said her group is "far from militant." see Rides, page 2
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The Cincinnati Post Tuesday, May 20, 1986 Lighthouse logo of Scripps Howard and the motto: "Give light and the people will find their own way." Editor Paul F. Knue, Editorial Page Editor Claudia Winkler, Managing Editor J. Stephen Fagan, Associate Editor James L. Adams 125 East Court Street, Cincinnati. OH 45202 (513)352-2000 Editorials Title: Buses and the disabled Shades of the civil rights movement returned to Cincinnati yesterday when members of ADAPT, which stands for American Disabled for Accessible Public Transportation, interfered with the operation of Queen City Metro buses. One latched onto a wheel well, and two others boarded and refused to leave. The protesters say members of the American Public Transit Association, who are meeting here this week, are moving slowly or not at all toward making all buses and trains fully accessible for the handicapped. They point to Metro, which has many buses without wheelchair lifts and 87 with lifts that it refuses to operate, as a microcosm of the problem nationwide. Some may condemn the protesters’ tactics of interrupting normal transit service, albeit by relatively non-violent means. The larger question, however, is whether the transit systems are going out of their way to leave the handicapped at curbside. That's certainly not the case with Metro. Metro has contracted with a private company to provide door-to-door (more accurately, curb-to-curb) service for the handicapped within Cincinnati. The system isn't perfect, but it is growing. Complaints abounds that scheduling the Access vans is difficult, and Metro has failed to meet a five-year goal of providing van service to all of Hamilton County, says general manager Tony Kouneski. The problem, here and elsewhere, is one of money. ADAPT wants the lifts as well as the door-to-door service. It’s tough to have it both ways, especially since federal dollars for mass transit have been cut almost 25 percent by the Reagan administration. States have been hard-pressed to fill that gap, and a sales tax increase for Metro failed miserably in 1980. Kouneski says if Metro did, indeed, have an extra $350,000 for operating and maintaining the 87 wheelchair lifts, the money would be better spent on door-to-door service. That's a decision that groups such as the Greater Cincinnati Coalition of People With Disabilities and Metro's own advisory council for the handicapped should help make and implement. Members of national groups such as ADAPT, meanwhile, have made their point. They should now turn their efforts to such things as legal parades and peaceful picketing. Instead of continuing their Cincinnati protest, they should devote their energies to lobbying Washington and the legislatures to fund their full-access plan before someone is seriously injured.
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The Cincinnati Enquirer Wednesday, May 21, 1, '86 p14—A Title: The handicapped Bus service that can meet special needs is the answer The handicapped demonstrators who are demanding greater access to transportation systems could find that, even if they succeed, they may not like what they get. About '75 members of American Disabled for Accessible Public Transit (ADAPT) have been in Cincinnati for the regional meeting of the American Public Transit Association (APTA). Their purpose has been to protest what they see as a violation of their civil rights. They want to be able to use all modes of public transportation as others do. ADAPT is focusing on bus systems, asking that all buses — on a progressive basis -- be provided with lifts for the handicapped. That might be a valid answer, if the money were available, but the experience of states such as California and Michigan shows that the handicapped prefer a more personalized service, such as the Access shuttles that Metro provides. Both California and Michigan have state laws requiring fully accessible systems, but the use of regular buses is negligible. Most of the handicapped prefer the “Dial-a-Ride” services that supplement the regular system. That service seems the best way. With Cincinnati's hilly terrain for example, how would the handicapped reach the bus stops? How far would they have to go to reach a "regular" bus stop? How far must they travel when they get off? What happens in chilly, stormy or snowy weather? From the bus service's standpoint, how do buses keep schedules? How many areas on a bus would have to be cleared for handicapped equipment? What would be the costs? How would those costs be met? APTA officials say their policy is to recommend that local services do what is best, considering their terrain, climate, resources and needs -— always in consultation with the community served. Metro’s Access has had its troubles meeting the needs of the handicapped. Last year, the demand was so great that the handicapped had to wait for as long as a week before they could schedule a ride. Although the problem has been helped somewhat, Metro’s officials frankly agree that it is not ideal. Improvement is needed. The handicapped must have freedom of movement. The question is, what is best for them and what is possible? The problem won't be easily solved. More bus service is needed in many areas of Greater Cincinnati, and with the cut in federal funds, money will be hard to come by. But Cincinnati's coalition of the handicapped has found negotiation preferable to confrontation. Although the coalition is upset about the limitations of Access, it still sees co-operative decisions as the wisest course. And it is. Together with Metro, they must find a practical answer to their needs.
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THE HANDICAPPED COLORADAN Vol. 8, No. 4, Boulder, Colorado, November 1985 [This article continues in ADAPT 115 but the story is included here in its entirety for easier reading.] PHOTO on center-right of the page and shows several people in wheelchairs (including Larry Ruiz looking away on left, as you face the bus, and George Florum on right in black ADAPT T-shirt holding a coffee and a cigarette) in front of a large bus. One person stands in front of the bus holding a scarecrow-like effigy of a person in one hand and something else in the other. A person in a white shirt is seated in the driver's seat. Another person similarly dressed is standing next to him. Above them behind the windshield is a destination type sign reading “EASY.” Caption: DEMONSTRATORS BLOCKED BUSES in Long Beach during the fourth day of the Los Angeles demonstration. One protestor (center) holds up an effigy representing the American Public Transit Association. Police arrived later and made several arrests. Demonstrators said the Long Beach police treated them properly. [Headline] Access showdown in L.A. Leads to massive arrests In a scene reminiscent of the black civil rights marches of the 1960s, some 215 people in wheelchairs rolled down Wilshire Boulevard in Los Angeles on Sunday, Oct. 7, to protest the lack of accessible mainline public transit in the United States. ' Chanting "We will ride!" and carrying inflammatory placards, the single-file column snaked its way 1.7 miles from the MacArthur Park staging area to the Bonaventure Hotel where the American Public Transit Association (APTA) was holding its national convention. Although the demonstrators had been denied a parade permit, police made no attempt to halt the march and routed traffic around the procession. However, the hands-off attitude disappeared once the column of wheelchair militants reached the hotel. As hotel security personnel blocked the only wheelchair-accessible elevator that gave access to the main lobby, several of the demonstrators pulled themselves from their wheelchairs and threw their bodies in front of the escalators, vowing to prevent anyone else from entering or leaving the hotel. The disabled demonstrators shouted "Access now! Access now!" while police deliberated their next move. Finally, after an hour, the police moved in. Eight demonstrators, including one woman, were arrested for “refusing to leave the scene of a riot," according to a police spokesperson. But they didn't go without a fight. George Florom of Colorado Springs thrashed about so hard that it took three officers to subdue him. One of the officers claimed that Florom kicked and bit him, During the scuffle, police said one of the demonstrators grabbed an officer's gun. Florom was removed to a specially equipped police van. He was soon joined by Edith Harris of Hartford, Conn, a veteran of other APTA demonstrations, who had been arrested during the San Antonio APTA protest. Harris had tried several times during the day to get the police to arrest her, even to the point of throwing shredded ADAPT literature in the street and demanding that police arrest her. Police merely removed her motorized chair from the street and picked up the paper, But when Harris threw herself on an escalator, the police moved in and escorted her to a waiting police van. Police and demonstrators differed as to how well the department handled the arrests. "We look bad no matter what we do," Sgt. Bill Tiffany said. A police spokesperson said the department had medical personnel on hand and tried to provide for the special needs of those arrested. That wasn't the case, according to Wade Blank of Denver, one of the founders of the American Disabled for Accessible Public Transit (ADAPT), which helped organize the Los Angeles demonstration as it has similar protests in Denver (1983), Washington, D.C. (1984), and San Antonio, Texas (1985). "The police were real nice until we got to the Bonaventure," Blank said. “But it was a real bad situation at the hotel. The cops turned into real pigs. They wouldn't let us use the hotel restroom. Some of them laughed at a lot of disabilities of the demonstrators, and a few of them pulled their clubs and threatened us with them." Blank said he learned that the officers who pulled their clubs were later given reprimands. Lou Nau, chairman of the Disability Rights Committee of the American Civil Liberties Union (ACLU), was also critical of how the police handled the arrests. Nau said that Mike Auberger, a quadriplegic community organizer for the Atlantis Community in Denver, was not allowed to use a bathroom for eight hours, causing hyperreflexia, while others who were arrested were not allowed to take necessary medications although they repeatedly explained the danger this might cause. Four men were handcuffed behind their backs and then left for up to five hours in their chairs in police vans, according to Nau. Of the eight arrested, Harris was released that same night and five of the men by the following afternoon. The other two men were not released until Tuesday morning. Some 53 disabled protestors maintained a night-long vigil outside the county jail. The police later issued this statement: “It must be stressed that the Los Angeles Police Department has repeatedly tried to meet with demonstration leaders in the attempt to provide legal alternatives to accomplish their objectives and avoid the distasteful necessity of arresting handicapped citizens." To that end, Jack Day, a board member of the Southern California Rapid Transit District (RTD flew to Denver earlier in the year to [print completely faded] in an attempt to talk the organization out of civil disobedience. Blank was one of those who met with Day. "We told him we wouldn't use civil disobedience if the (Southern California RTD) agreed to introduce and support a resolution at the APTA convention calling upon APTA to reverse its stand and back mandatory wheelchair lifts on buses," he said. Day said that was not possible. Meanwhile back in Los Angeles Day's other board members continued to discuss ways and means of handling the demonstrators. Ironically, Los Angeles — the city where demonstrators chose to make their point - is one of the most accessible in the country. California and Michigan are the only states that require all new public transit vehicles to be equipped with lifts. Usha Viswanathan, a spokesperson for the Southern California RTD, said that 1,891 of the district‘s 2,445 active buses were equipped with lifts and another 200 were being retrofitted. The lifts cost between $15,000 and $20,000 each. Within the next five years, the district intends to operate only lift-equipped buses, making it the first 100 percent accessible system in the country. In other parts of the country it's Up to the local transit provider to decide whether or not to offer accessible service. And that's the way it should bee, according Albert Engelken, APTA's deputy executive director. Geographical and climatic conditions have to be taken into consideration because lifts are difficult to operate in snow and on curved roads, Engelken said. In the late 1970s, the Carter administration's Department of Transportation mandated that all new buses be outfitted with wheelchair lifts. APTA, which acts as a lobbying and policy-making group for some 300 separate transit districts across the country, filed a lawsuit that eventually reversed that decision. Since then disabled groups have dogged APTA wherever it meets, insisting that the organization vote on a resolution calling for mandatory accessibility. That‘s why the demonstrators were in Southern California, Jim Parker of El Paso explained. Parker said ADAPT was very appreciative of the steps California was taking toward complete accessibility.” "This is a model city," he said. The demonstrators were in Los Angeles to embarrass APTA, not the local transit district, he said. That didn't stop the demonstrators from stopping buses, however. On Wednesday, Oct. 10, wheelchair demonstrators poured onto the streets of Long Beach, where they held several buses hostage. Protestors said they would release the buses if Laurance Jackson, general manager and president of Long Beach Transit and the newly elected president of APTA, would meet with them. A spokesperson for Jackson said that would be impossible, as Jackson had other commitments at the convention and the protestors had come unannounced. Before the day was done, police issued 33 misdemeanor citations for failure to disperse and arrested l6 protestors, all of whom were later released on their own recognizance. Blank said that the Long Beach police acted appropriately under the circumstances. Long Beach had been the scene of another confrontation earlier that same week. On Monday, 26 wheelchair demonstrators staged a roll-in at the office of U.S Rep.Glen Anderson (D-Long Beach), who is chairman of the House Transportation Committee. Anderson, who had been expected in his office that day, had been detained in Washington due to a heavy work load. The congressman later issued a statement pointing out that he had consistently voted to support accessible systems. Anderson blamed the Reagan administration, not Congress, for overturning a "requirement that the handicapped be given full accessibility to public transit." Most of the demonstrators agreed with that assessment. Blank and Parker compared APTA to the Klu Klux Klan and called upon its individual members either to fire its executive board, including executive vice president Jack Gilstrap, a longtime foe of mandatory accessibility, or to pull out and form a new national transit organization. A Gilstrap aide said he had no intention of resigning. Blank said Gilstrap and the rest of the APTA membership could expect to see them again when the organization holds its next national convention in Detroit in 1986. ADAPT plans similar tactics, since Michigan, like California, has already opted for total accessibility. "It's a question of civil rights," Blank said." And it's a national issue. Wherever they go, you can expect to find us." 3 photos filling the top three-quarters of the page. Photo 1: A man (George Florum) in a manual wheelchair wearing a black no-steps ADAPT T-shirt is loaded onto a lift of some type of vehicle by three beefy police officers Caption: GEORGE FLOROM OF of Colorado Springs is arrested for blocking buses in Long Beach. Photo 2: A dark shot of a man in a white T-shirt (Chris Hronis) being pulled upward by several sets of hands. Caption: CHRIS HONIS [sic], a California ADAPT member, is arrested at the Bonaventure Hotel. Photo 3: a couple of small groups of protesters in wheelchairs and standing, are in front of one bus and beside another, while police stand nearby. Caption: ACTIVISTS hold a bus captive in Long Beach. To the left of photo 3 is an ADAPT "we will ride" logo with the wheelchair access guy and an equal sign in the big wheel.
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Dallas Times Herald, Saturday Nov. 24, 1984 [Headline] Wheelchair activist adopt radical tactics Los Angeles Times WASHINGTON — It was a scene reminiscent of the 1960s civii 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 all 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 activists 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," says Julia Haraksin, a wheelchair-bound Los Angeles resident who participated in the demonstrations. Organizations representing handicapped persons long have urged Washington to require that all 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 are beginning to press the old arguments with more radical tactics. Frustrated by years of negotiating, lobbying in Washington, going through the courts and staging non-confrontational protests, some handicapped activists now are resorting 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 20 years earlier by Dr. Martin Luther King Jr. Protesters were arrested when they blocked entrances and buses of those attending the American Public Transit Association 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 “our Selma," leaders of ADAPT claimed a public relations victory and promised 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 Association a year from now in Los Angeles. But 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 a legal right to full access for the handicapped already exists. Federal law states Urban Mass Transportation Administration funds — which account for about 80 percent of the costs of the 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. Current Department of Transportation policy, which is strongly supported by the American Public Transportation Association, 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 regulations to mean full access. Members of ADAPT, opposing the separate-but-equal philosophy, argue that paratransit does not meet the needs of the handlcapped and is inherently discriminatory. “lt segregates the disabled people trom the able-bodied community," Mike Auberger, an organizer for ADAPT, said. Because paratransit requires advanced scheduling, sometimes weeks before a ride is needed, he said, “you have to schedule your life according to the transit system." Transit authorities, on the other hand, argue 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, authorities add. In Denver, for example, the transportation district has spent $6.3 million to purchase or retrofit buses with lifts, 80 percent 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 only 12,000 of the district's 38 million riders use the lifts, according to Towne. ADAPT counters 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. Across the country, cities are using a variety of approaches to the problems of providing mass transit for the handicapped. ln 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 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 limits the system. [Bottom of the page is torn so missing text is included in brackets, as it is just a guess.] In Seattle, 570 of 1,100 buses serve the handicapped, providing about 5,900 rides a month. [The] Municipality of Metropolitan Seattle also contracts with groups to supply paratransit [vans] and half-fare cab service, [providing] 8,400 rides a month. In Denver, 432 of the [city's] buses are lift- or ramp-[equipped] providing more than 1,00[0 rides] per month. The city also [uses] vans and small buses in a transit system that provides [x number of] rides a month. None of Chicago's 2,400 [mainline] buses is fitted with lifts. [Instead] the city provides 42 [paratransit] buses, which offer 12,000 [rides per] month.
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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."
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Different TIMES, September 24, 1990, p. 6 ADAPT fights for attendant services (Reprinted with permission from the Disability Rag; Box 145; Louisville, KY 40201.) [This story continues on 623 but the text is included here in full, for ease of reading.] “People with disabilities have the civil and human right to dependable attendant services that meet our daily needs in the location and manner of our choice." This simple declaration, made in Denver this summer, signaled the offensive being launched by ADAPT against “the nursing home lobby feeding off peoples' lives." It's ironic, says ADAPT member Mark Johnson. "Here we've finally got our rights now, in a law, and here you have more and more severely disabled people wanting to kill themselves—literally kill themselves—because they're being forced into nursing homes." “That Ken Bergstedt in Nevada [who petitioned the court in May to disconnect his respirator] is literally saying, “l'll end my life before I'll go in a nursing home," Johnson said. “What do you expect when people only have institutionalization to look forward to?" adds actress Nancy Becker Kennedy, one of the group that conducted a hunger strike in Los Angeles in July to protest the cut of California’s In Home Supportive Services. “Their attempts to stay in their homes are thwarted." lt’s the same with Georgia's highly publicized Larry McAfee, who was just put into a “group home," says ADAPT. Even after all the publicity, the State of Georgia will not put any money into funding attendant services in one's own home. And ADAPT is fed up. Recalling the phrase the transit industry used to argue that each city should decide whether or not to put lifts on buses, ADAPT calls the patchwork system of funding in-home services “the old ‘local option’ stuff all over again." “We're sick of it,"says Johnson. There needs to be a national commitment. In California, activists battled for several months to restore their In Home Support Services program which had been entirely cut from the state budget—and succeeded only in restoring it to its former level, which allows a disabled person to hire an attendant only at minimum wage and for no more than eight hours a day. People who need an attendant around the clock, like Ken Bergstedt, have little hope of avoiding a nursing home even in California, often cited as the state with the best attendant services program in the nation. Yet such battles sap the energy of disability activists for the larger fight for a national commitment. ADAPT has modified its former name, “American Disabled for Accessible Public Transportation" to “American Disabled for Attendant Programs Today" to reflect its new focus. ADAPT says attendant services are a right. The group wants the program it's calling for to make attendant services available "based on functional need" rather than “whether a person can work or not." They don't want "employability" to be a "condition for getting services. And they don't want eligibility based on any specific disability, as it is in many states now. They want it to be available “to people of all ages, 24 hours a day, seven days a week, with back-up emergency services."They stress they're not asking for “someone to hold your hand" but are speaking of the realistic needs of people like McAfee, Rick Tauscher, and Bergstedt who need an attendant available around the clock. They also say a program that allows the disabled person maximum control over an attendant is mandatory. Maybe a disabled person won’t want that control; maybe they'll want someone else to handle the paperwork and hiring decisions. That should be the disabled person‘s option, they say. There’s a quality-control issue here, they insist; they want to make sure disabled people get quality care but are allowed maximum say over personal services they receive—which is all too often not the case today as home "health" agencies muscle their way into the home "care" field. They‘re sick of the word “care.” They want a program that doesn’t keep anyone from services because they make too much money; they're willing, they say, to deal with a sliding scale for fees for such a program; but they want it available to anyone who needs it—regardless of income. It's a right, and cost is simply not an issue, they say. Keeping disabled people in institutions is ludicrously more expensive than providing in-home services in this country today. They blame that lack for the problems Larry MeAfee's constantly found himself in; they blame the nursing home industry for siphoning off the money that could go to fund such services. And they charge that home health agencies are nothing more than “the new nursing homes." Home health agencies “take people on Medicare and give them services and then bill them for $60 a pop," says ADAPT organizer Wade Blank. “Then when their Medicare coverage runs out after six months, they drop ‘em." The group says it’s also targeting “the big insurance companies like Prudential" and health maintenance organizations, who they say have a vested interest in keeping the system like it is. “We're saying that ethically and morally, nursing homes are not the place to go," says Blank. “When I see my severely disabled friends, living in their own homes, when l visit them in their apartments, listen with them to records or order in a pizza—and then I see my friends living in nursing homes, wasting away, waiting to die, I get very, very angry,” said Southern California ADAPT member Lilibeth Navarro. A survey of ADAPT members through their newsletter, Incitement, led them to decide to shift the focus to attendant services, said Navarro. And they're emphatic about the term too. “It’s not ‘attendant care‘ anymore," said Blank. “Whenever anybody said ‘care’ everybody booed,“ he added. It is fitting that ADAPT, whose original members came from Denver‘s Atlantis Community, will focus on attendant services. It was that need which led to the start of Atlantis, a “community” of disabled people and attendants. Atlantis “has a neat system,"agrees Navarro, noting that the 24-hour rotary attendant services allows any Atlantis person to have an attendant available whenever it's needed. “We could call an attendant at 11:30 p.m. and have somebody here," she said. “People who are having trouble with attendants can call and get an emergency back-up." Navarro, like others, said she knew of people “who endured abuse because they were afraid to lose their attendant"—"because it's so hard to find somebody, and nobody to turn to in an emergency situation." She related the story of a man whose attendant simply walked out on him and left him, unable even to reach a phone, for four days. “If his father hadn't checked on him, he'd be dead." “Only a national attendant program," she stressed, “will free us from emotional slavery Nancy Becker Kennedy agreed with Navarro. “The linchpin for independent living is in-home attendant services. It’s humane; it gives us a future." The group has sent a letter to Health and Human Services Secretary Louis Sullivan demanding a meeting in Atlanta Oct. 1; they've given Sullivan until Aug. 15 to reply. ADAPT activists from around the nation will descend on Atlanta the first week of October to launch the fight. They’ll be calling for a quarter of the money now going to the nursing home industry to “go into a pot for attendant services." As usual, ADAPT doesn’t expect this to happen without a fight -- primarily from the “nursing home lobby.” “This October," says Blank, “we will serve notice on those groups who are the enemies of a national attendant services program." TEXT BOX: ADAPT will converge on Atlanta — home of Morehouse College, HHS Secretary Louis Sullivan’s alma mater — on Sept. 28 for week-long direct action protest and training. Nationally known organizer Shel Trapp will conduct the session Saturday, Sept. 29. For more information on travel and hotel arrangements, contact ADAPT in Denver at (303) 936-1110. — Reprinted with permission from the Disability Rag; Box 145; Louisville, KY 40201.
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The Handicapped Coloradan ADAPT wins transit access VlCTORY! Federal court orders all new buses to be equipped w|th wheelchair lifts APTA pressures DOT to appeal decision Feb. 13,1989. Call it V-D Day. Victory over the Department of Transportation (DOT). Or call it V-A Day. Victory over the American Public Transit Association (APTA). Because on that day in Philadelphia, within earshot of the Liberty Bell and walking distance of the hall in which the Declaration of Independence was forged, disabled Americans won not only the right but the means to ride mainline public transportation. On a 2-l vote, the U.S. Court of Appeals for the Third Circuit ruled that in the future every transit system in the nation that buys buses with assistance from the DOT must purchase only buses equipped with wheelchair lifts. That decision reverses a 1988 ruling by U.S. District Judge Harold Katz who upheld DOT’s policy of allowing transit systems the “local option" of providing public transit to people with disabilities through a paratransit system. APTA, which reaffirmed its support of local option at its last national convention, has urged DOT to appeal the decision to the U.S. Supreme Court. Such an appeal must be filed within 90 days, or by May 13, 1989. DOT already has filed for a rehearing, and the court is expected to announce by March 29 if they would be willing to reconsider the decision. Justices Carol Los Mansmann and A. Leon Higginbotham wrote the maiority opinion with Judge Morton Greenber dissenting. The case was brought to the Court of Appeals by a dozen disability rights organizations, led by the militant American Disabled for Accessible Public Transit (ADAPT) and the Eastern Paralyzed Veterans of America. Timothy M. Cook, director of the newly formed National Disability Action Center, argued the case. It wasn't the first time wheelchair lifts have been in the courts. in 1979, the DOT, at the direction of President Jimmy Carter, ordered all transit systems to install lifts on new buses, but that mandate was struck down in federal court after an appeal by APTA. APTA’s insistence on local option led to the creation of ADAPT by a handful of militant wheelchair users in Denver, who set up pickets outside the Hilton Hotel headquarters of APTA's I983 national convention. At the insistence of Mayor Federico Pena, ADAPT was allowed to speak before the convention and no arrests were made. That was the last time either situation would exist. At every subsequent national convention or regional APTA meeting, wheelchair militants have shown up in force, blocking buses and hotel entrances until local police forces were forced to cart them away to jail. “Who would have thought a bunch of ragbag crips from Denver could have started something that would have grown this big?" asked ADAPT founder Wade Blank, co-director of the Atlantis Community, a local independent living agency. Both Blank and Cook cautioned that the war was not over yet, although both said they were pleased that the 73-page court opinion was filled with the language of the civil rights movement and would go a long way toward convincing those on the fence that their cause was just. The Court of Appeals opinion reads, in part: “We find the goal of eradicating the ‘invisibility of the handicapped‘ led Congress to enact measures to facilitate, if not immediate and complete mainstreaming of the handicapped, then affirmative and aggressive steps in that direction." The decision involves only new buses, as the justices argued that requiring systems to retrofit old buses would subject them to "undue burdens." Cook said after the decision was handed down that the "opinion is completely consistent with President Bush's call last week, in his speech before Congress, for Americans with disabilities to be ‘in the economic mainstream.‘ Nothing is more essential to meeting that goal than the provision of accessible public transportation." Mike Auberger of the Denver ADAPT chapter, who's been arrested in several cities while engaging in civil disobedience, agreed that accessible public transit is the key to enabling disabled people assume full citizenship. "People are dying out there," Auberger said. "Disabled people go into nursing homes because they don't have any options. I personally know people who have committed suicide because they don‘t have any options. Wheelchair lifts will give them that option." Auberger said that ADAPT doesn't plan to rest on its laurels. They'll be Reno April 7-ll for a regional APTA convention and back in Denver April 23-26 for the national meeting of the Urban Mass Transit Association (UMTA). “Our demand is simple," Auberger said. “We just want them to drop the appeal process and accept the decision." If they don't, Auberger promised that protesters would try to fill the jails one more time. To that end, ADAPT members intend to picket DOT offices in 12 cities on Good Friday, March 24, and ask staff members there to call the Presidiential assistant in charge of transportation matters and ask that the court decision not be appealed. "If they don't make the call, then we don't go," Auberger said. "I'm sure we'll take some heat because we're doing it on Good Friday," he said, explaining that he expects many offices to be shorthanded because of workers leaving early for the Easter weekend. "That should just add to the confusion."
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HIGHLIGHTS OF THE COURT DECISION The following is a summary and explanation of the court's decision by Timothy M. Cook, the attorney who argued the case on behalf of ADAPT. The court: l. Struck down, as contrary to federal disability civil rights law, “local option,” the DOT policy that allows transit systems the option of providing transit to persons with disabilities only if we make advance reservations, sometimes several days in advance, and then only in segregated settings. 2. Required that every bus newly purchased with federal assistance must be accessible. No retrofitting is required; the ruling only applies to future purchases. The court said that because transit systems may phase in accessible buses, the ruling would not lead to any undue financial burdens for transit systems. 3. Required that transit systems provide both accessible mainline transportation for those who can use accessible buses, and adequate paratransit to serve those who cannot. 4. Struck down the 3 percent cost cap under which DOT deemed transit systems to be in compliance with federal disability civil rights laws once they spent 3 percent of their operating expenses on disability access. As important as the holdings in the case are the language and rationale used by the court in reaching its conclusions. The 73-page, decision is laced with integration-oriented statements and phrases derived from the corpus of race and gender discrimination cases. Thus, the case sets forth a new charter for interpreting laws like Section 504, stating that Congress’ plain intent was to eliminate the segregation of persons with disabilities. It’s good cause for celebrating. But neither too long nor too loudly, for the war is not yet won. We must press forward on two important fronts before that day comes: l. First and foremost, DOT has 90 days from the date of this decision to decide whether to seek an appeal to the U.S. Supreme Court. This decision will be made by DOT and the Department of Justice, but the White House will also be involved. It is important that we mobilize quickly and inundate DOT, Justice, and the White House with letters from all of us, urging them to embrace the Court of Appeals Decision. Remind President Bush of his campaign promises to integrate persons with disabilities into all aspects of American life. Without access to public transit, as we all know, that is impossible. And just last week President Bush, in his speech to the joint session of Congress, reiterated his commitment to bring persons with disabilities into "the economic mainstream." Letters should go to: William Skinner Secretary of Transportation 7th & Maryland Ave., SW Washington; D.C. Dick Thornburg Attorney General Dept. of Justice 9th & Penna. Ave. NW Washington, D.C. C. Boyden Gray Counsel to the President 1600 Pennsylvania Ave. Washington, D.C. And, of course, to President Bush at the White House. 2. We must move forward in support of the Americans with Disabilities Act (ADA), using the court decision as additional impetus. The ADA, which will be reintroduced in the Congress soon, will require that all new buses and transit facilities be accessible. Urge your Senators and Congressperson to climb onto the bandwagon and be a co-sponsor of the ADA when it is reintroduced. If we can get the ADA enacted, there will be no need for any additional court fights.