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Home / Albums / Tag President George HW Bush 24
- ADAPT (504)
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] - ADAPT (497)
This is a continuation of the story on ADAPT 498. The full text appears on 498. - ADAPT (488)
This and ADAPT 509 are continuations of the story on ADAPT 496. The full text of the whole story is on ADAPT 496. - ADAPT (484)
METRO Magazine March/April 1989 pp.18 - 21 Court Rules On Wheelchair Accessibility U.S. Court of Appeals orders that all new transit buses be wheelchair lift-equipped and paratransit service provided. by Jason Knott (This story continues through 484, 471, 470, 465, and 466. However, the entire text of the story is included here for ease of reading.) DRAWING: A large balance scale with a bowl hanging from each side of the balance. One bowl has the acronym APTA in it, the other has ADAPT. QUOTE below the picture: “I don’t think the government should mandate installation of lifts. It can become expensive for the smaller transit properties." —Davis There are more than 40 million disabled Americans and an estimated 67 percent of them are unemployed, according to the National Easter Seal Society. Meanwhile, a recent Harris poll revealed that three out of every 10 disabled persons say they cannot work because of a lack of accessible transportation. Moreover, the same poll shows that 49 percent of the disabled believe their mobility is limited because of transportation barriers. These statistics confirm that public transit accessibility is an important ingredient to mainstreaming the handicapped into society. On the flip side of the coin are the public transit authorities who are in the business of transporting ambulatory, as well as handicapped, persons in the most economical method possible. It would seem that the handicapped, who depend on public transit, would be natural constituents of transit agencies; however, the two groups have been at odds for years, grappling with each other over the accessibility of service. In particular one handicapped rights group — ADAPT (Americans Disabled for Accessible Public Transit) — has been fighting with public transit across the nation. ADAPT wants every fixed route transit bus equipped with a wheelchair lift. In order to express its point, the group conducts disruptive protests at conferences held by the American Public Transit Association (APTA). (See September/October 1988 METRO Magazine, “When Rights Clash," page 79) Today, disabled Americans can chalk up a victory in their constant battle for a broader distribution of handicapped-accessible transit service. On February 13, a federal appeals court ordered the U.S. Department of Transportation to require transit authorities to equip all newly purchased buses with wheelchair lifts. The 3rd Circuit Court of Appeals in Philadelphia also determined the 3 percent cap placed on transit agencies for handicapped expenditures was too low in the case entitled “ADAPT vs. Burnley." Wade Blank. director of ADAPT, applauded the court decision, saying the ruling is significant in the sense it is "evolutionary." Blank said, "We are now getting back to where we were in 1978. When we filed originally, we targeted the 3 percent cap. We decided to broaden the case because the climate in the country has changed. We talked with our attorneys and they broadened it to include the original intent of Section 504, and to really challenge the 1980 case that APTA brought. We are victorious because of a major mood change in the country regarding handicap accessibility." Blank cited two other recent rulings in Detroit and Chicago favoring handicapped accessibility. The Philadelphia ruling is in conflict with APTA's official policy, which was spelled out in a position paper reissued in October 1988. The association favors the local-option approach by which each local transit authority determines its own handicapped transportation policy. APTA's Board of Directors recently rejected a similar proposal calling for all new transit buses to be lift-equipped, according to Albert Engelken, deputy executive director. In other words, APTA believes that each local transit authority should create its own balance between demand response - or dial-a-ride — service, and fixed route accessibility. “It is very important that people realize that APTA is not against wheelchairs on transit buses," said Engelken, “rather, we are for local decision. The board of directors unanimously supports this approach. Every transit system makes their decision after in-depth consultation with the local disabled community. They are not making their decisions blindly." What next? The Department of Transportation is currently exploring its options, which include seeking a rehearing by the appeals court, appealing the-decision to the U.S. Supreme Court, or accepting the ruling. Michael Jacobson, spokesman for the DOT, could not give an estimate on when a decision might be made. An appeal is possible despite President Bush's recent campaign commitment to handicapped programs. Whether the decision will affect bus procurements that are currently - underway is unclear. Jack R. Gilstrap, APTA's executive vice president, issued the following statement concerning the ruling: “Because of the cost impact of the decision which requires lifts on all new buses plus paratransit service, and because it is inconsistent with other court decisions which create conflicting obligations on the part of the DOT and local public transit systems, APTA is urging DOT to challenge the decision." “Obviously this decision is extremely important," said Charles Cowie, national sales manager for Mobile Tech Corporation, a Hutchinson, Kansas-based manufacturer of wheelchair lifts for transit buses. “The objective is to make accessibility and mobility easier for the disabled, but to some, the decision favors a sector of the populous that is not altogether popular." “In a philosophical sense, the ruling is great," said Bill Hinze, National Sales Manager for Ricon, a dedicated lift manufacturer in Sun Valley, Calif. “It’s like a mandate for racial integration — it should have been done years ago." However, Hinze indicated he is still an advocate of demand response systems. “I don't think the government should mandate installation of lifts," said Bob Davis, vice president of Bus Manufacturing USA, a Goleta, Calif.-based distributor of semi-automatic lifts. “It can become expensive for the smaller transit agencies." The court also ruled that the current 3 percent cap on handicapped spending was insufficient; however, many agencies were already spending a higher percentage. In fact, in California and state law already requires all newly purchased transit buses to be equipped with wheelchair lifts. “Other states were already adhering to a similar policy, although it is not written in law," said Don Smith, director of marketing for Lift-U, Inc. in Escalon, Calif. According to Engelken of APTA, an average of 6 percent of transit expenditures are directed toward improving handicapped transportation already — double the required limit. Moreover, an APTA survey indicates that 31 percent of all transit vehicles are lift equipped, with the number steadily rising. The court decision comes in the wake of several different movements toward the improvement of handicapped accessibility to public transit. [Subheading] Project ACTION As part of the APTA’s Elderly and Disabled Task Force, a three-year Congressional program called “Project ACTION" (Accessible Community Transportation In Our Nation) will soon establish six demonstration sites nationwide to study handicapped transit accessibility. The National Easter Seal Society is conducting the three-year, $3 million undertaking. Congress has earmarked $1 million in fiscal year 1988 UMTA research and technical assistance funds to initiate the project, and an additional $1.35 million in fiscal year 1989. Project ACTION is designed to improve access to transit services for the handicapped. It will involve national and local organizations representing public transit operators, the transit industry, and people with disabilities in the development of a cooperative model program promoting greater access to transportation. Project ACTION is the result of a mandate from Congress to find ways to better accommodate the transportation needs of people with disabilities. The program will focus on five key concerns of people with disabilities and local transit operators seeking to improve transit: * Identifying persons with disabilities in the community. * Developing effective outreach and marketing strategies. * Developing training programs for transit riders. * Developing assistive programs for people with disabilities. * Applying appropriate technology to solve critical barriers to transportation and accessibility. “APTA’s task force is examining numerous areas to improve handicapped transportation," said Engelken. “We are looking at how to improve the marketing of service and we are struggling with the wrenching problem that exists in that area. "We have to make sure that people are riding the buses,” added Engelken. “If we don't, then the federal and state government are going to say that transit agencies are spending their money unwisely.” [Subheading] Operating costs The court decision also comes at a time when some transit agencies are lowering their wheelchair lift operating costs. In fact, figures released by ADAPT, claim that Seattle Metro operating costs were $3.13 per lift in 1987, with a reliability rate of more than 98 percent. In comparison, the Bay Area Regional Transit Association cited operating costs of $118.55 per trip for wheelchair lift-equipped transit buses among the several different transit authorities operating in the region. This disparity is due to widely different methodologies for calculating costs, a condition that has led to an absence of reliable nation-wide data. Tim Cook, director for the National Disabilities Action Center in Washington, D.C. and the attorney representing ADAPT in court, said, “I’m not sure accurate figures exist because it varies from system to system. National figures are meaningless because many systems haven't made a decision to make a commitment to accessibility." “Every property has it differently organized. Some agencies will designate one mechanic to maintain 75 to 100 lifts," said Smith of Lift-U, “But it really depends on how committed the maintenance director or general manager is to wheelchair lifts." [Subheading] Technology Mobile Tech and Lift-U manufacture electro-hydraulic passive wheelchair lifts for the transit industry. These lifts do not require the driver to leave his seat to operate the device. Ricon is a leading manufacturer of dedicated lifts, which are common on paratransit vehicles. These lifts are ideal for the handicapped, but cannot be used by ambulatory passengers. The lift does not utilize hydraulics. Another lift on the market is the AMF Hubmatik swivel-lift manufactured in West Germany. The lift is marketed in the U.S. by Bus Manufacturing USA and Ortho Safe Systems in Trenton, N.J. The semi-automatic, electro-hydraulic lift requires the driver to swivel the unit out the door for boarding and departure. It is currently in use by Sun Line Transit Agency in Thousand Palms, Calif. Due to constant R & D by the manufacturers, lift technology is dynamically improving. According to Smith, future innovations in passive lift technology will include state-of-the-art circuit boards, LED's and microchips. Cowie of Mobile-Tech predicted a 180 degree turn in technology within the next two years. Hinze indicated his company is developing a lift that can be utilized by both handicapped and ambulatory passengers and reduce maintenance costs by up to 10 percent. The court ruling does not touch upon rail accessibility at all. Installation of wayside wheelchair lifts for rail systems has not been as active as bus development. According to Smith, some transit agencies have requested lifts be designed for installation on the railcars themselves; however, because of the small demand, this is not profitable for passive lift manufacturers. More R & D is necessary on the shock and vibration of railcars to produce a passive lift that can withstand that environment. However, San Diego Trolley has been using on-board lifts for three years, and recently ordered 41 more units according to Hinze of Ricon. This onboard lift eliminates the problem of railcar operators “spotting” their stops for wayside lift access. The ruling could also mean increased specification of wheelchair restraint systems such as the one manufactured by Q'Straint in Buffalo, N.Y. The system consists of four stainless steel floor plates mounted flush with the floor. Four belts, two in front and two in the rear, and a shoulder harness and lap belt secure the rider. [Subheading] Solving the problem Despite the jubilation one might expect among wheelchair manufacturers, many seem to believe a mixture of demand response service along with fixed route wheelchair service is the ultimate solution to transporting the disabled and elderly. "The degree of demand response versus fixed route service should be a local decision," Cowie said. “It is important to mainstream the handicapped in the bigger cities through fixed route service; however, demand response is good in rural areas." These thoughts were echoed somewhat by Smith, who is a member of APTA’s Elderly and Disabled Services Task Force. "There should definitely be a mixture of services," he said. “[The government] can't dictate how every community should handle this problem. Some communities have spent a lot of money of their dial-a-ride service. You need to have a local option. “Another solution," continues Smith, "might be to make fixed route service fully accessible and let another organization — outside the realm of public transit — take care of special needs or demand response service." He believes the transportation problems of the elderly and the disabled should be handled separately. the end of article BOXED TEXT next to main article: [Heading] The Long Road To Wheelchair Accessibility A federal appeals court has ordered the U.S. Department of Transportation to require transit authorities to equip new buses with wheelchair lifts, and provide public transport for riders unable to use lift-equipped buses. Attorneys who brought the lawsuit called it the most important decision ever handed down for handicapped people needing public transportation. The decision, in the U.S. 3rd Circuit Court of Appeals was, 2-1. “We conclude that ordering that newly purchased buses be accessible to the mobility disabled does not exact a fundamental alteration to the nature of mass transportation," Judge Carol Mansmann wrote in the majority opinion. “Also, by requiring that newly purchased buses be accessible, we are not imposing undue financial or administrative burdens on the local transit authorities." In the dissenting opinion, Judge Morton I. Greenberg said the section requiring new buses to be accessible was not meant to apply to transit systems choosing a paratransit system. Timothy M. Cook, director of the National Disability Action Center, argued the case before the appeals court and called the decision, “a major, major victory for the handicapped community. We can't say enough positive things about it.” Cook expressed hope that the ruling would not be appealed in light of President Bush's recent comments about his desire to bring the handicapped into the mainstream. The Transportation Department had appealed an earlier decision by U.S. District Judge Marvin Katz in Philadelphia that canceled a 1986 department regulation calling for mass-transit authorities to spend up to 3 percent of their operating budgets on providing services for the handicapped. In his decision, Katz called the 3 percent requirement unreasonable, but ruled the department must resolve differences between equality for the handicapped and cost efficiency. Americans Disabled for Accessible Public Transportation (ADAPT) appealed Katz's simultaneous ruling that upheld the right of transit authorities to decide whether to fit vehicles for the handicapped or provide other services. The appeals court ruling affirmed Katz's decision in favor of dropping the 3 percent provision, but it reversed his other decision by ordering transit authorities to equip new buses with chair lifts or other accommodations for the handicapped. - ADAPT (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 (464)
T I P S & TRENDS The President's Committee on Employment of People With Disabilities |Vol. 1 No.4 April 1989 [Headline] Administration Granted Rehearing of Transit Access Decision On April 10, 1989, the U.S. Department of Transportation (DOT) requested a rehearing of a court decision that would make many transit systems more accessible to people who use wheelchairs. DOT requested all eleven judges of the U.S Court of Appeals for the Third Circuit to rehear the February 13 ADAPT (American Disabled for Accessible Public Transit ) vs. DOT decision (see March Tips & Trends) which ordered DOT to cease subsidizing buses purchased by transit systems unless they are equipped with wheelchair lifts. On April 19, 1989, the Third Circuit Court of Appeals vacated the February 13 decision and granted a rehearing to DOT. The unusual decision to grant a rehearing may indicate that the February 13 decision will be reversed. [Subheading] Decision Angers Protesters Also on April 10, disability advocates and members of ADAPT were protesting for accessible public transportation during a regional meeting of the American Public Transit Association (APTA) at the Nugget Casino in Reno, NV. Protesters were disappointed by the announcement that the Federal government had asked for a rehearing of the ADAPT vs. DOT decision. Three people with severe disabilities were injured, 49 protesters were arrested and many were jailed. Untrained ranch hands from the surrounding area assisted the under-staffed Reno police department with the arrests, and threatened to take seeing eye dogs from blind protesters if they did not disperse. Wheelchair users were dragged from their seats by the local police and deputies, who broke a leg of one severely disabled protester. Wade Blank, spokesperson for ADAPT, commented from Reno: "This means the protests must continue, all the way to the White House if need be.” Article is accompanied by a picture of a handwritten letter from a very young child. The letter reads: Dear Pres. Bush, Please stop the appeal so my sister can ride the bus with me. I love you. Kailee (5 yrs. old) - ADAPT (463)
San Antonio, read their lips: “No lifts, no $1.6 million convention. [This story is continued on 478 but it is included here in its entirety for ease of reading.] The President's Committee on Employment of People with Disabilities will not hold its annual convention in San Antonio in 1991 because that city has no mainline accessible transit and no plans to introduce any. Instead, the meeting will be held in Dallas, which has 100 lift-equipped buses and plans to introduce more. It is estimated that the meeting, which will attract 4,000 to 5,000 people, would have brought at least $1.6 million to San Antonio. Committee chairman Harold Russell said he was informed of San Antonio's position on accessible public transit in January by Wayne Cook, general manager of VIA, San Antonio's transit system. Russell said the committee's decision was in keeping with President Bush's promise to bring the 37 million Americans with disabilities into the economic work force. "Disabled Americans must become full partners in America's opportunity society,” the President told Congress. In order to make the President's vision a reality, Russell said mainline accessible public transit has to be an option for people with disabilities who want to join the work force. “We have found that, next to attitudes, lack of accessible transportation is the most important significant barrier to employment of people with disabilities," Russell said. "There are 8.2 million people with disabilities of working age in this country who are unemployed but who can work and want to work. That's a terrible waste of talent, and it's not fair to the people who are prevented from working." Russell said his committee's mission to help people with disabilities find employment would be compromised if they held their annual meeting in San Antonio. "The issue is not transportation for people who attend our meeting," he said. “It’s everyday access to mainline transit for people with any kind of disability who "want to work and can work.” The committee's credibility was at stake, he added. Russell expressed his regret about the move. “San Antonio is a beautiful city, with wonderful people. The mayor and members of the city administration are working very hard to make the city accessible to everyone. Maybe we can come to San Antonio at a later date, when VIA's policy has changed.” Kent Waldrep, chairman of the Texas Governor's Committee for Disabled Persons, supported the decision to move the convention to Dallas. “This is one way that those of us who work in the disability field can support the goal of employment. We're not saying that every transit system needs to make all of their vehicles accessible right away,” he said. “We do think that transit operators should make an honest effort to begin that process, though. A system like San Antonio's that requires advance notice to travel just won't work for active people with disabilities who work-and shop and do all the things other people do. It’s not fair to riders or to their employers, who can't ask them ‘to travel around the city on short notice in the course of their work.” Waldrep also pointed out that in the long run accessible mainline ‘service would be far more economical than relying solely on the current paratransit system. “It doesn't make sense to make people who would rather ride mainline buses use a system that costs the taxpayers $13.50 for every ride. Why not save the heavily subsidized rides for those people who really need them?" Waldrep suggested that if everybody who is eligible to use the paratransit system in San Antonio did so, VIA wouldn't be able to pay the bill. “In the long run, putting lifts on buses will save money,” he said, "as well as being the right thing to do.” In response to the decision by the President's committee, the Coalition of Texans with Disabilities (CTD) announced" that CTD has is cancelling plans to hold its annual meeting in San Antonio. CTD president Larry Correu said that his group has met with VIA over the years to discuss the system ’s reluctance to provide accessible mainline service. He pointed out that VIA has been under a court order since 1985 to supply such service. “Maybe if CTD and a lot of other state and national organizations refuse to hold their meetings in San Antonio, they'll understand how serious the issue is,” he said. Correu said he has learned that several other organizations were also planning on boycotting San Antonio. - ADAPT (458)
This article is continued in photo 451, but the text of the entire article is included here for ease of reading. The Handicapped Coloradan May 1989 VOL. 11, NO. 11 Boxed text in masthead: If you use a wheelchair and ever tried — or wanted -- to board an accessible bus in Detroit between Nov. 10, 1984, and the present, you owe it to yourself to read Justin Ravitz‘s story on p. 3. Photo: Man, in a dark suit standing against a white background with his hands in his pockets. He has dark hair and large eye glasses, a firm thoughtful look on his face. Caption reads: Mayor Pena tells UMTA officials they have a “moral obligation" to put lifts on buses. [Headline] Court grants transit rehearing In the wake of an often ugly battle with police, hotel security guards and the courts in Reno, wheelchair activists are heading for Philadelphia where the U.S. Court of Appeals has agreed to vacate its Feb. 13 decision to require all new buses purchased with federal funds to be equipped with wheelchair lifts. The case will now be heard by the entire 13-member court rather than the three judges who originally handed down the decision on a 2-l vote. The rehearing was requested by the Department of Transportation and the Department of Justice. Six disabled leaders had met with President Bush in an attempt to persuade him to call off the appeal. Bush didn't give them an answer at the time, said Wade Blank, one of the founders of the radical American Disabled for Accessible Public Transit (ADAPT), "but it's obvious the President has no intention of taking our side." So when the court convenes at 10 a.m. May 15, scores of wheelchair demonstrators will be outside chanting, "We will ride," the battle-cry of the six-year old movement. At press time, demonstrators were planning on arriving in Philadelphia on May 12 and demonstrating in front of the Justice Department there, up to but not including being arrested. "That will come later," Blank said. On Saturday, demonstrators are expected to attempt to board city buses, crawling onto them if necessary, and to otherwise disrupt service until Philadelphia transit officials sign an agreement promising to provide accessible service. Then on Sunday, the day before court opens, demonstrators will don Revolutionary War uniforms and march from Independence Hall to the federal courthouse, led by fife and drum. The movement is at a crossroads, Blank said, pointing out that many of his fellow activists are afraid that the court will reverse its pro-accessibility vote when its decision is made known, 30 to 90 days from now. Many of those activists are reluctant to appeal the decision to the U.S. Supreme Court if they lose in the Court of Appeals, arguing that the high court has a conservative majority, “We might have to wait 20 years before we get a liberal court," Blank said. "Better we find out where we stand with the court right now and then decide on a course of action." ADAPT has had plenty of experience with conservative judges in recent weeks, according to Blank, who said he broke down and cried at the treatment wheelchair defendants received in the Sparks courtroom of judge Don Gladstone. Gladstone told demonstrators that their mass arrests had "tarnished" their cause and suggested that the group needed "new leadership." Blank said Gladstone's courtroom was a zoo. "He locked the doors and screamed at us." Gladstone wasn't the only person in Reno and Sparks who was upset with ADAPT, which was there to protest at a regional meeting of the American Public Transit Association (APTA) as they have done in 16 other cities over the latter group's refusal to endorse mandatory accessibility for all transit systems in the country. The police weren’t very happy, either. Some 72 demonstrators were arrested during the 5-day-long protest, with about half of that number going to jail. City officials estimated that the protest cost local taxpayers at least $116,000. Police estimated their costs of controlling the group at $79,275, while the sheriff's department, which runs the Washoe County jail, placed its costs at about $34,164. Gladstone said municipal court costs will run about $3,000. But it wasn't just the money that bothered city and county officials. "While (the police) are out there handling these individuals and you cal 911, the response times change dramatically,” said Sparks Municipal Court judge Andy Cray. Police Lt. Tony Zamboni said, "We understand these people have certain rights, but they also don't have the right to obstruct other citizens." Sheriff Vince Swinney agreed with Zamboni and also seemed a bit miffed that the media were playing up the plight of the demonstrators. "Somebody should realize this is what these people want to do," he said. "if they were treated like royalty, they wouldn't be happy. And the media is playing it up 100 percent. I really think that we who have been here and will continue to be here deserve some credibility." ADAPT organizer Mike Auberger, 34, of Denver, said that the Washoe County jail was not prepared to deal with housing 30 disabled prisoners, although sheriffs department officials disagreed, saying that extra doctors and nurses were on duty. Twenty-two of the jailed demonstrators staged a hunger strike, including one woman who was warned by a doctor that she would ultimately go into seizures if she participated in the fast. Another demonstrator, Diane Coleman, an attorney from Los Angeles, was taken from the jail at 3 a.m. Tuesday morning when she started vomiting. Coleman was taken to the Washoe Medical Center where she was given liquids intravenously for dehydration. Headline for part 2 of article: Reno protest turns ugly as judge lectures ADAPT ”Get new leaders. ” Blank said that three or four demonstrators had to be hospitalized when they returned home because of inadequate care received at the jail. For example, Auberger was not allowed to empty his leg bag and he went into hyper reflex, according to Blank. “His blood pressure shot up to 300 and nearly blew his head off," Blank said. Unable to place a call to fellow ADAPT members in Sparks, Auberger was forced to call his parents in Indiana to see about getting help. Ultimately, Auberger had to bail himself out of jail in order to get medical treatment. “That's when the police began telling other jailed demonstrators that their leaders were bailing out on them," Blank said. Demonstrators also complained that the police in Reno and Sparks were rougher than the ones they had dealt with in other cities, pointing out that more of them were actually handcuffed than was usually the case. Most of the demonstrations took place outside the Nugget Casino and Hotel, which was serving as APTA's convention headquarters. Some 700 delegates were staying there. Demonstrators attempted to block all the entrances to the hotel to show APTA delegates what it is like not to have access to public institutions, buildings and buses. One demonstrator, Beverly Furnice, said her knee was broken when a Nugget security guard hit her leg as she was wheeling up to the door on the southeast side of the hotel. Nugget spokesperson Parley Johnson said he was sorry to hear about Furnice. “We made every possible effort to ensure the safety of all involved," he said. "However, if we have someone trying to get in, and we're trying to get the doors closed, what can I say? The person (trying to get in) is contributing to the problem. "We could not allow the group to come in and disrupt our business and cause problems with our customers. And we have every right to do this." Judge Gladstone several times commented on how well the hotel staff and police handled the situation. “He's just a front man for the casinos," Blank commented. On the other hand, demonstrators had nothing but praise for Reno's Citifare public transit system, which has already made a commitment toward a 100 percent lift-equipped bus system. All Citifare buses bought since 1984 have lifts, and the system expects its nonaccessible buses to be phased out by 1996. "We're not fighting Reno or any other city," Auberger said. “We're fighting APTA." Less than three weeks later, demonstrators were doing just that again, this time in Denver, where ADAPT was founded in 1983, Some 30 demonstrators were arrested as they protested outside the Radisson Hotel, where the Urban Mass Transit Association (UMTA) was holding a national transportation conference. The next day, April 25, 40 demonstrators, 30 of them in wheelchairs, were forcibly removed from the Federal Building at 9th and Stout by federal officers. Demonstrators were protesting word that the Department of Transportation, of which UMTA is part, had decided to appeal the Court of Appeals decision. "We are tried of winning lawsuits and never getting them implemented," said protester Maureen O'Rourke. UMTA‘s Alfred A. DelliBovi disagreed with the original court decision, saying his agency supports letting each transit provider decide how to handle disabled riders. Earlier Mayor Federico Pena met with ADAPT and reiterated his strong support for their goals, a statement he repeated when he met later with UMTA officials. Pena was responsible for forcing APTA officials to allow ADAPT to address its national convention in Denver in 1983. That is the only time ADAPT members have been allowed inside an APTA convention. - ADAPT (135)
The Denver Post 7/8/90 [This article continues in ADAPT 138, but the entire story has been included here for easier reading] Perspective Access for the disabled: Cost vs. benefit Photo by RTD staff: A smiling African American man in a manual wheelchair, wearing a beret and with a sports coat over his lap is being helped to board a city bus by the driver, who is behind him. In front of the lift a woman stands waiting to board. Caption reads: A LIFT: The President's Committee on Employment of People with Disabilities was given a demonstration of an RTD lift during its 1987 convention which was held in Denver. By Al Knight Denver Post Perspective Editor Now, while the Americans with Disabilities Act is awaiting President Bush’s signature, would be a good time to reflect on what has been learned by this city's experience in attempting to provide full wheelchair access to public transportation. Assuming the president signs the bill as he says he will, public transit systems all over America will have to begin purchasing new buses equipped with wheelchair lifts, as well instituting a variety of other steps designed to enlarge employment opportunities for the disabled, improve services in state and local government, enlarge public accommodations, and create a national telecommunication relay service to aid the blind and deaf. Critics of the bill have argued that the nation is embarking upon a program without the vaguest clue of what its ultimate cost will be. In many ways, the dispute is a duplication of what took place in Denver in the early 1980s as the Regional Transportation District developed its policy on how rapidly to expand wheelchair access. There were a number of protests in which disabled residents in wheelchairs disrupted RTD service and were arrested. The protests were particularly disturbing for all concerned — RTD, the drivers and the police. The sight of an abled-bodied police officer toting away a wheelchair-bound citizen is not the stuff for law enforcement scrapbooks, nor is it the kind of publicity designed to attract bus riders generally. In 1982, the RTD board, which then was an appointed body, voted against equipping 89 new buses with special lifts capable of handling wheelchair passengers. That vote set off the protests. An elected board took over in 1983 and one of its first acts was to reverse that vote and authorize the purchase of the lifts at a cost of well over $1 million. At the same time RTD struggled with the issue of whether to retrofit existing buses with lifts, and in 1985 resolved it with a resolution that it would buy lifts for all new buses, but not pursue a retrofitting program. There had been a history of mechanical problems with some of the lifts, and on more than one occasion a lift would fail, dumping the wheelchair passenger in the process. In 1982, then Gov. Dick Lamm refused to go along with a proposal by the American Disabled for Accessible Public Transportation, which was demanding wheelchair access to “all U.S. public buses." Lamm suggested in a speech to the American Public Transit Association that such a policy might result in rides costing $600 each: “If America can't say no to a system that costs $600 per ride, we don't deserve to continue as a great nation.“ But as they say, that was then, this is now. Just last fall, RTD was awarded a special citation for having "the finest accessible bus service in the nation." The award came from the President's Committee on Employment of People with Disabilities. Indeed. it is beyond dispute that RTD has in some respects led the nation. Its experience in developing its current fleet of buses was the prime example used by congressional supporters of the Americans with Disabilities Act. In addition, it is a fact that RTD was the first agency to order its over-the-road buses equipped with lifts. Until RTD's first order, these larger vehicles had been built without lifts. The RTD program hasn’t been accomplished without significant expense. It has cost about $8 million for the lift equipment and millions more for parts, maintenance and training. But the latest figures show per-ride costs are far below the $600 figure mentioned by Lamm. The lifts cost about $13,000 a copy. Because the life of a bus normally is calculated at 12 years, this works out to a little more than $1,000 a bus per year. To this must be added the maintenance cost, which has been dropping each year. As recently as 1985 the cost of maintaining an individual lift was $1,798. This year the average is just over $500. Even without the retrofitting program rejected by the board in 1985, RTD has managed to increase greatly its percentage of lift-equipped buses. In 1985, only 54 percent of buses were so equipped. This year 81 percent are. In recent years, disabled ridership has gone up sharply. In 1982 it was just over 9,000 wheelchair boardings, but last year it reached an estimated 45,000. According to RTD figures, the per-ride cost may have reached $80 in 1984, but with the increase in ridership and the drop in maintenance cost, the cost per ride now has dropped to about $19 a ride, according to the latest calculations. What is not known is how many of Denver’s disabled community actually are served by the lifts. In the mid-1980s, it was estimated that only a few hundred wheelchair-bound residents were regular bus riders. Even as RTD has fitted new buses with the lifts, demands for its HandyRide service have continued to increase. This door-to-door service is available to both the elderly and the handicapped. Some of its wheelchair passengers could be served by regular buses, but many others are unable to get to the bus stop and therefore require the HandyRide service. Precise calculations aren’t available, but it is estimated the cost per ride for using the van service is about $50. Lamm, contacted this week, said he basically hasn’t changed his position on the issue. He said the $600 figure he used in 1982 was based on the experience of the St. Louis bus company. “To govern is to choose," he said, "and I don't believe this nation should make every bus wheelchair-accessible. Should the handicapped be provided transportation? Of course, but it should be provided in the most cost-effective way possible.” Lamm mentioned the expensive elevator system that is a part of the Washington, D.C., subway system as an example of a method that isn't cost-effective. The Denver experience does indicate that the costs of accommodating the wheelchair-bound citizen may not be an endlessly upward spiral. But the key indicator that needs watching is the number of passengers using the service. The taxpayers, the RTD board and staff members clearly have done their part. The wheelchair service is now available on nearly every bus, yet ridership has flattened out. The estimate of 45,000 wheelchair passengers for 1989 is just a few hundred higher than the 1986 level. More persons must be encouraged to use the service. Now that maintenance costs are down, the only way to decrease the still-considerate per-ride cost is to increase the number of passengers using the lifts. The most compelling case the disabled community can make for greater access is to demonstrate an even higher usage of the existing facilities. Highlighted Text: Even without the retrofitting program rejected by the board in 1985, RTD has managed to increase greatly its percentage of lift-equipped buses. In 1985, only 54 percent of buses were so equipped. This year 81 percent are. Photo by The Denver Post/Duane Howell: A slight woman in a wheelchair is being escorted out by two uniformed and one plainclothes police. She is telling one of the officers something and they are all listening with slight smiles on their faces. Behind this group a man in a wheelchair is following, escorted by another police officer and behind them three other policemen stand guard. Caption reads: PROTEST: An unidentified demonstrator at the Regional Transportation District office was escorted out during a 1982 protest over the purchase of new buses.