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+ APTA - American Public Transit Association 6
ADAPT (329)
The Phoenix Gazette, Saturday, April 4, 1987 Picture top left by Rick Giase of The Phoenix Gazette: Two police barricades cover most of the view of a city street. Between them a motorcycle police officer sits on his cycle in front of a building. Caption: A Phoenix police officer watchers over barricades that were set up Friday at the Hyatt Regency. Title: Police prepare for wheelchair demonstration By Scott Luck and Scott Craven Phoenix police have set up a command post at the downtown Hyatt Regency to monitor actions of a group of wheelchair activists that plans to protest a convention this weekend. Although the American Public Transit Association convention is not scheduled to begin until Sunday, 20 officers Friday blockaded Monroe Street by the Hyatt. In addition to the officers, two police buses were at the scene, which police spokesman Ken Johnson said would be used, if needed, to take protesters to jail. The protesting group, American Disabled for Accessible Public Transit, plans to picket the convention to demand installation of wheelchair lifts in every bus and transit system that receives federal transportation funds. The group says efforts by the APTA to install equipment for the disabled have been unacceptable. The group has held similar protests in other cities across the country. Members have chained themselves to buses, obstructed bus routes, thrown themselves on to the steps of buses without lifts and generally raised havoc. The conference is scheduled to run until Wednesday. ADAPT organizer Michael Auberger said he is trying to draw 150 people together to participate in demonstrations throughout the week. “I can’t imagine why the police would be there today (Friday), especially in that location,” Auberger said. “I met with the police chief, and I didn’t tell him anything that would lead him to believe we were going to demonstrate today.” Johnson said police chief Ruben Ortega met with Auberger to help minimize any problems that might arise but said Auberger did not outline any plans for his groups protest. “We understand they (ADAPT) have a right to demonstrate just as anybody else would, but were going to make sure the demonstration is done lawfully and peacefully Johnson said.” Past ADAPT demonstrations have led to numerous arrests. “We would rather not make any arrests, but we will if we're forced to,” Johnson said. “This is something between them (ADAPT) and the transit people and we don’t want to be caught in the middle. We must, however, be prepared for the worst.” Picture to the left by Nancy Engebreston of The Phoenix Gazette: A quadriplegic man (Mike Auberger) in a motorized wheelchair sits with his arms hanging by his sides. His hair is pulled tightly back and he has a neat beard. He is wearing an ADAPT T-shirt that is partially obscured by a chest strap on his wheelchair. Caption reads: Wheelchair activist Michael Auberger. The end
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Detroit Free Press 10/6/86 PHOTOs by JONN COLLIER, Free Press PHOTO 1: A large group of posters in a line that almost looks like a pile, are behind a woman in a manual wheelchair being pushed up a curb or slope. Two people are helping her up. One holds a poster which reads "Stop the war against the disabled! [something] Congress". In the crowd behind are other large signs, some unreadable, and a very large one in the middle is partially readable and says "...for the disabled not for war!..." PHOTO 2: People in wheelchairs appear to be fanning out in an intersection with large city buildings in the far background. Between the three people in wheelchairs in the front you can see a line of other folks in wheelchairs across the intersection. Caption reads: Disabled demonstrators move through downtown Detroit, carrying signs and chanting “We will wide," in protest of the lack of wheelchair lifts on the nation's buses and trains. Title: Handicappers protest at transit convention By BOB CAMPBELL, Free Press Staff Writer About 150 militant disabled people, chanting "We will ride" and carrying signs in a procession from Tiger Stadium to the Renaissance Center, Sunday protested the lack of wheelchair lifts on the nation's buses and trains. At least 40 Detroit police officers in scout cars and on motorcycles kept the demonstrators — most of whom were in wheelchairs — on sidewalks along the two-mile route. After a request from Detroit Police Chief William Hart, who cited illegal actions of the protesters in other cities, Detroit's City Council last week withdrew a permit that would have allowed the demonstrators to parade through the streets. At one point, police insisted the protesters go through a puddle instead of using the street. At the Renaissance Center, the end of the procession, about 2,300 conferees were gathering for this week's American Public Transit Association national convention The demonstrators, who are at odds with the association on the accessibility issue, were kept away from the entrance to the Westin Hotel. See DiSABLED, Page 15A Title for part 2: Militant handicappers decry poor bus access Text box insert: Members of the group have been arrested at demonstrations at other transit meetings. DISABLED, from Page 1A HOTEL SECURITY was tight, and visitors had to identity themselves to guards before being admitted. The protesters — members of Americans Disabled for Accessible Public Transportation — say public buses and trains should be equipped with mechanical wheelchair lifts. Members of the group have been arrested at demonstrations at other transit association meetings after chaining themselves to buses and stopping traffic. "In the ’50s, a lot of blacks were on the back of the bus." said Michael Parker of Peoria, ILL. “We still can't get on the bus." Several members of the group told reporters there would be other protests against transit association members. Wheelchair lifts were required on buses briefly in the late l970s. But a transit association lawsuit led to a 1981 U.S. Supreme Court ruling that a federal requirement for lifts on all buses overstepped the intent of equal access legislation. said Jack Gilstrap, executive vice-president of the association. Most local transit agencies provide transportation to handicapped persons using mini-buses in services such as Dial-A-Ride. Gilstrap said. "The vast majority of people in wheelchairs prefer Dial-A-Ride or demand service," he said. “it runs 10-, 15-, 20-1 over lifts on every bus." Gilstrap said it is cheaper to offer special transportation service for wheelchair users than to adapt all public systems to wheelchairs. The subway authority in Washington D.C. spent between $50 million and $60 million to build elevators to allow wheelchair access tor "35 to 40 people a day," he said. MEMBERS OF the handicapper group complain of disparate quality of Dial-A-Ride systems among various cities. and they cite a requirement that rides must be arranged 24 hours in advance. Bill Bolte, 55, of Los Angeles, said: "l was a law-abiding citizen before l realized how oppressive society was getting toward handicapped people. The problem ls. we depress people because of the way we look. They don't want us around." Long-time civil rights activist Rosa Parks canceled her plans to join the ADAPT members, citing tactics that would "embarrass the city‘s guests and cripple the city's present transportation system." said to her assistant, Elaine Steele. Leo Caner, chairman of the 21 member Michigan Commission on Handicapper Concerns, said: "The general public has to be sensitized to handicappers. But getting the people sensitized by getting run over by a bus is not the way to do it." Free Pres: Special Writer Margaret Trimmer contributed In this report.
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Monday Oct. 6, I986 / THE DETROIT NEWS / p.3B City/suburbs/state Title: Transit group averts clash with handicapped Disabled protest at Greenfield Village PHOTO News Photo by Gary Portes: A very large crowd of people in business attire walk away from a building. Most have name tags. Capition reads: APTA members take a hike after being blocked out of Greenfield Village by ADAPT. By Richard Chin, NEWS Staff Writer Using a back entrance to Greenfield Village, a convoy of SEMTA buses filled with delegates to a national transportation convention avoided a confrontation Sunday with about 100 members of a militant disabled-rights group. The buses, under police escort, slipped into Greenfield Village along a service road from a nearby Ford Motor Co. facility. The protesters were waiting in front of the main entrance to Greenfield Village. THE BUSES were en route to a dinner reception for members of the American Public Transit Association (APTA), which met in Detroit over the weekend. The protesters are members of American Disabled for Accessible Public Transportation, which has been trying to disrupt APTA meetings for three years. They demand improved access for the disabled to buses and other public transportation. Sunday‘s protest began with a wheelchair march from Rosa Park Boulevard down Michigan Avenue to the Westin Hotel in the Renaissance Center, where the APTA delegates are staying. The group had planned a wheelchair parade on the street but Detroit City Council rescinded the group's parade permit Sept. 29, fearing the protest would disrupt city transportation. AS THE GROUP wheeled along the sidewalk, up to 15 city police cars worked to keep them from spilling onto the street. Once they arrived at the hotel, the protesters were quickly herded into a barricaded area that kept them from entering the hotel. Group leaders said once they realized they couldn't enter the building or keep the buses carrying the delegates from leaving, they left themselves for Greenfield Village to try to block entrances. However, the SEMTA buses slipped through the back entrance. THE GROUP did manage to turn away several cars carrying late arrivers at the dinner, and after Greenfield Village was closed to the public at 6 p.rn., restricted all but guests at a private wedding from entering. APTA raised the ire of the protesters through what the protesters said were policies discriminatory against the disabled. They said APTA opposes making all buses wheelchair accessible. “l think they're afraid some of the riders don't want tn ride with diaabled people because some diaabled people are not attractive," aaid Jack Warren, 43. of Cincinnati. He said the stance reflects that of many public transportation users. APTA officials could not be reached immediately for comment. Harry A. Cassidy, a bus driver from Capital Area Transit Authority in Lansing, said he understands the protesters' complaints, but said making all buses accessible to the disabled makes it difficult to keep buses on schedule. Michnel Niemann, communications manager for SEMTA, said all that company’s small buses and 70 percent of its large buses are wheelchair accessible. By 1988, he said, all will be wheelchair accessible. TEXT BOX: “I think they’re afraid some of the riders don't want to ride with disabled people because some disabled people are not attractive. " - JACK WARREN SECOND PHOTO by Gary Porter (News Photo): Behind a metal police barricade that extends beyond the edges of the picture, several long rows of protesters, in wheelchairs and standing, are lined up with their backs to the building of the Westin Hotel. Some are hlding signs. Everyone is looking out toward the street. Caption reads: Disabled protesters Members of American Disabled for Accessible Public Transportation, (ADAPT) demonstrate in front of the Westin Hotel on Sunday. ADAPT members are demanding improved access for the disabled on buses and other pubic transportation. Thay attempted to disrupt the meetings of the American Public Transit Association which convened in Detroit last weekend.
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PHOTO by Patrick Forden/Gazette Journal; The photo is looking up at Mike Auberger in a non-ADAPT T-shirt and jeans, with a short beard and mustache, hands on his hips. His chair is somewhat visible and his left leg elevated. He is sitting in the doorway of a fancy Casino with a Nugget Casino sign over the door. Caption reads: ORGANIZER: Mike Auberger of Denver says his cause is worth going to jail for. TITLE: Disabled group plans protest at transit meeting in Sparks By Susan Voyles/Gazette-Journal Up to 150 wheelchair-bound people are expected to protest outside John Ascuaga’s Nugget beginning Sunday, and Sparks police say they are ready. The protest is being staged by a national group called The American Disabled for Accessible Public Transit, and its target is the western regional meeting of the American Public Transit Association. As many as 700 people representing public bus systems, including many that don’t have buses with lifts to handle wheelchairs, are expected to attend. In protests at 16 other cities in recent years, disabled protesters have held marches, crawled onto or chained themselves to buses, and barricaded hotels where the public transit association held its meetings. “We try to make their conventions as inaccessible to them as they have made transportation to disabled people ” said protest organizer Mike Auberger of Denver. “They can’t just come and have fun." Auberger, 34, said he met earlier this week with representatives of Sparks police, the Washoe County Sheriff’s Department and Nugget security. He was handed a 32-page list of possible violations, including felonious assault, that his group could be charged with. “From what I heard, the police department’s tactic is going to be to intimidate,” Auberger said. “I wouldn’t be surprised to see the police on Sunday in riot gear.” Auberger, who arrived in town Monday to prepare for the protests, said he expects about 150 handicapped people from around the country to show up. Auberger said he met with members of the Sparks and Reno police, the Washoe County Sheriff’s Department and court marshals Tuesday. “It’s definitely threatening but I think the people coming in here are well aware of what could happen to them,” Auberger said. Already Auberger has had a confrontation, albeit a friendly one, with Nugget security and Sparks police. Monday when Auberger was casing the outside of the Nugget, with video camera in hand, a security guard and a police officer approached him and knew him by name, he said. “It gave me a real feeling for how the police are going to respond and how the casino security will respond," Auberger said. “It was like the casino burped and the police said ‘Excuse me,’ and that’s not normal." Auberger said his group has yet to begin drawing up strategy on how it will carry out its demonstration. However, Auberger predicted his group won’t be happy with being confined to B Street. “(The location) is very visible to traffic on B Street but it won’t be visible to APTA members,” Auberger said. “The spot is perfect if your issue is with the public or if it's directed at the Nugget." Auberger said his group is not violent although it is confrontational. Zamboni showed the press a 10-minute video tape of an ADAPT demonstration held in San Francisco Sept. 28, 1987. The video tape showed demonstrators blocking a SAMTRANS bus and tying their wheelchairs to the vehicle's wheelspokes and sitting on the Powell Street cable-car tum-around. It also showed police handcuffing protestors to their wheelchairs and the protestors chanting "We want to ride,” and "We want access."
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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.
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A-12 /The Houston Post/Wednesday, February 15, 1989 NATION & WORLD [Headline] Disabled hail ruling on bus access [Subheading] Court requires transit agencies to install wheelchair lifts ASSOCIATED PRESS PHILADELPHIA — Advocates for the disabled Tuesday hailed a federal court ruling requiring wheelchair lifts on new public buses, but a spokesman for transit agencies said the ruling doesn‘t address vexing problems. “We've been grappling with this for a long time," said Albert Engelken, deputy executive director of the American Public Transit Association in Washington. He said wheelchair lifts receive limited use where they exist and are an added expense to transit agencies at a time when federal subsidies are dwindling. A 3rd U.S. Circuit Court ol Appeals panel ruled 2-1 Monday that Congress has made its wishes on accessibility clear, and lift-equipped buses are part ol that mandate. The court ordered the Department of Transportation to rewrite a regulation allowing communities to offer alternative paratransit service, such as van rides. James D. Fornari, a New York City attorney for a group of veterans with spinal cord injuries, said the ruling will force transit systems to look for the most efficient means of serving disabled people. He said the ruling also could influence DOT regulations on light rail and commuter rail systems. Transportation department spokesman Bob Marx said DOT attorneys had not seen the decision and would not comment. Officials of Houston's Metropolitan Transit Authority also had not seen the decision, but MTA spokeswoman Carol Boudreaux said the authority would comply with any new regulations. Representatives of the disabled community in Houston lauded the ruling. “The disabled community is excited and we hope Alan Kiepper, manager of Houston Metro, hears this message from the courts and the disabled community. Access is a civil right," said Vicki Harris, executive director of the Center for Independent Living. Currently, Metro's MetroLift program provides scheduled curb-to-curb transportation for mentally or physically disabled persons who are unable to ride regular buses. Bob Kafka, an American Disabled for Accessible Public Transportation representative who joined Harris at a news conference, said he believed the cost of retrofitting buses with wheelchair lifts would be too costly, but said he hoped the ruling would force Metro to buy new buses with lifts. "Disabled people are part of this community, and they should have access to mainline transit," he said. Engelken said his association's board, which comprises the heads of transit agencies across the nation, believes agencies should be able to decide on a local basis how best to serve disabled people. lt costs $15,000 to equip a bus with a wheelchair lift, and buses cost about $200,000, said Joaquin Bowman, a spokesman for the Southeastern Pennsylvania Transportation Authority.