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ADAPT (483)
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.
ADAPT (423)
[Headline] "We Will Ride" [Subheading] Disabled Protesters Clash with Transit Authorities National Group Fights for Accessible Transit Disclosure Jan-Feb, 1989 [This article continues on ADAPT 420 but the entire text is included here for easier reading.] "These protests are the continuation of an ongoing assault," says Stephanie Thomas of American Disabled for Accessible Public Transit (ADAPT). In October, ADAPT disrupted the annual convention of the American Public Transit Authority (APTA) in Montreal with a series of protests. "We want all buses to be made accessible to disabled people," says Stephanie Thomas, who lives in Austin, Texas. "And we will continue these confrontations until that happens!" ADAPT is getting closer and closer to that goal. Last year, a task force created by APTA proposed lifts on all new buses. Nevertheless, at the Board of Directors' meeting in Montreal in October, APTA reaffirmed its current policy on transportation for disabled persons. In many cities, transportation for disabled persons means some kind of a pickup service. "It's a segregated system," says Stephanie Thomas, "and it never works out as well as it sounds. Riding public transportation is a civil right." For this civil right, ADAPT turns to civil disobedience. ADAPT has become such a force at APTA conventions that local police now prepare in advance for the group's demonstrations. In Montreal, police watched videos of ADAPT demonstrations in the U.S. and 100 police were put through a day-long training session on how to deal with the anticipated protests. But that didn't stop the ADAPT protesters, who continue to fight tenaciously for accessible transit. The four day series of actions in Montreal began on Sunday, October 1st. Despite a torrential downpour and near freezing temperatures, 120 members of ADAPT marched down Boulevard Rene Levesque to the Hotel Queen Elizabeth, APTA's 1988 convention site. ADAPT protesters were joined by representatives of their local counterpart — Le Mouvement des Consommateurs Handicapes de Quebec (MCHQ) or the Movement of Disabled Consumers of Quebec. ADAPT members swarmed across the road to enter the hotel, despite at least a one-to-one ratio of police to protesters. Even as a wall of police barricades was hastily erected, protesters climbed down from their chairs and crawled under the barriers. They were carried back by the police, but no arrests were made. That evening ADAPT took a more undercover approach. "No small feat for over 100 wheelchairs," commented Stephanie Thomas. Sneaking through back alleys and a back door, 15 people in wheelchairs were carried down a flight of stairs into one of the satellite hotels in which APTA members were staying. Meanwhile, two other `groups` converged on the front door using their wheelchairs to push aside makeshift barriers of luggage carts. Singing and chanting, ADAPT took over the lobby — blocking elevators, escalators, and stairs as APTA members looked on in shock, Finally, the police selectively arrested 28 of the demonstrators, including two who had chained themselves to the stairway. That night, a judge sentenced members of the group to a $50 fine, to be paid on the spot, or they would be faced with three days in jail, with a probation banning those arrested from entering downtown Montreal for six months. Twenty of the group refused to pay the fine and went to prison. Nevertheless, this put no damper on ADAPT's actions. Next hit: the APTA Spouses' Luncheon and Fashion Show, a favorite ADAPT target. The luncheon was held at a chalet atop Mount Royal on Mon-day, October 3. Ten more ADAPT members were arrested, as the APTA buses were stopped and the spouses were forced to walk past chanting demonstrators. On Monday night, October 3, 20 wheelchair users penetrated the Queen Elizabeth Hotel through an underground shopping area. 7 year old Jennifer Keelan, who uses a wheelchair, and her mother, were taken into custody and threatened with arrest, but were later let go. Meanwhile, in two Montreal prisons, the system was showing its inability to deal with severely disabled inmates. The ADAPT inmates were on a hunger strike. Officials decided that, due to good behavior, everyone would be out by Tuesday morning. ADAPT swung into the final phase of operation Tuesday morning. As requested by MCHQ, it was time to hit the local transit system — which is completely inaccessible to people with mobility impairments. Buses were stopped for an hour at a local bus transfer site, while a local woman crawled from her wheelchair aboard a bus and tried unsuccessfully to ride. "We are sorry for the inconvenience, but we are inconvenienced all our lives," said Wade Blank of ADAPT to the crowd. Blank is the founder of ADAPT. On Wednesday, October 5, ADAPT entered the Longueuil METRO subway station and once again tried to ride. The station had no ramps or elevators, and narrow turnstyles. 50 ADAPT members sang and chanted in the cavernous station — and cheered as 15 others crawled out of their wheelchairs, down the steps, and across the floor to the turnstyles where police blocked their passage. From the dirty platform floor, ADAPT held a press conference. We explained our simple desire to use the public transit that our taxes pay for," says Stephanie Thomas. "Lack of access is degrading for people with disabilities." The pressure on APTA is clearly mounting. APTA is now considering a resolution which strongly supports mainline transit access — ADAPT's demand from the start. In addition, Le Mouvement des Consommateurs Handicapes de Quebec has learned first hand the effectiveness of direct action techniques and has vowed to continue the pressure locally in Montreal. "In Quebec, now they are saying 'Nous serons transporte!', says Stephanie Thomas. "That means what we have been saying all along, and will continue to say: 'We will ride!" Photo by Tom Olin: On a Montreal street Mike Auberger pushing his knees through a police barricade as two officers try and hold him back. In the background another ADAPT person is also up against the barricades held by police. Caption: Mike Auberger of American Disabled for Accessible Public Transit (ADAPT) breaking through police barricade at the Queen Elizabeth Hotel where the American Public Transit Authority (APTA) was staying for its convention last October.
ADAPT (188)
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.