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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 (486)
PHOTO Tom Olin?: Two police officers, one in plain clothes and one in uniform stand talking but looking in opposite directions. The plain clothes man has on a tie and jacket. He has his arms crossed across his chest, as does the other officer. Behind them are visible, parts of the fronts of two large buses sitting side by side. Between the cops and the buses is partially visible the line of people in wheelchairs who are blocking the buses. Diane Coleman is partially visible, with an "Access Not Excuses" poster in front of her legs, and another man's head is visible with his access poster -- around the shoulder of one of the officers.
ADAPT (553)
June 12, 1990 - Guardian. 5 Disabled 'ecstatic' as rights act clears House By DIANE COLEMAN The Americans with Disabilities Act, considered by many to be the most sweeping civil rights legislation since the 1964 Civil Rights Act, easily cleared the House of Representatives May 22. It is expected to reach the president‘s desk by July 4. The act prohibits discrimination based on disability in public accommodations, employment, transportation and telecommunications. It is intended to address "rampant, daily discrimination in every sphere of American life,“ Rep. Pat Schroeder, D-Colo., told her colleagues on the House floor. “Mentally retarded persons are kept out of restaurants. Persons with cerebral palsy are turned away from theaters. . . . Employers cite fears of hiring disabled persons because their customers will feel uncomfortable or even repulsed,” Schroeder added. Despite strong opposition from private business and transportation lobbies, chief among them the National Federation of Independent Businesses and Greyhound Lines, Inc. , the Americans With Disabilities Act achieved bipartisan support in both houses of Congress. The House vote was 403-29. Under pressure from the NFIB and the National Restaurant Association, the House version of the bill was amended at the last minute to allow employers to remove people with HIV infection from food handling positions. Sponsored by Rep. Jim Chapman, the amendment passed narrowly, although the Texas Democrat conceded there is no “evidence that‘AIDS can be transferred in the process of handling food.” Tom Sheridan of AIDS Action, representing 500 community-based service organizations, predicted that the Chapman amendment would go down to defeat in the House-Senate conference committee. “It’s a horrible amendment for all people with disabilities because . . . it begins to codify the fact that irrational fear is protected by the law,” he said. Nonetheless at press time Senate conferees had agreed to include the restrictions. “Cheers and tears” filled the House gallery at the moment of the ADA's long-awaited passage, according to Tennessee disabled activist Michael Gibson, “but we all know that the bill is only a first step. Several agencies will be writing key regulations which offer innumerable opportunities to weaken the effect of this legislation,” Gibson said. SOME DELAYS, FEW LOSSES While many activists feared the House would water down the Senate version of the bill, Marilyn Golden of the Disability Rights Education and Defense Fund said that the ADA “has not been weakened anywhere near the extent that much legislation is. " According to Golden, who has worked intensively for the bill's passage over the last two years, various timetables and phase-in provisions were adopted to avoid other forms of compromise. The ADA’s protections against employment discrimination, which parallel those applied to federally funded entities since 1973, do not go into effect for two years. Prohibitions against discrimination in public accommodations, such as theaters and restaurants, will require accessibility in facilities “construct[ed] . . . for first occupancy no later than 30 months after the date of enactment." Telephone companies will have three years to put in place a relay service for deaf people and others who depend on non-voice telecommunication. A requirement that all new public buses be lift-equipped will take effect in only 30 days. Many attribute this to seven years of non-violent civil disobedience by the American Disabled for Accessible Public Transit. Greyhound, a private carrier, was given six years to begin replacing its retired buses with accessible ones. Activists also waged a last-minute battle over employment discrimination remedies. Recently proposed legislation would add damages to the relief available to discrimination victims under Title VII of the Civil Rights Act of 1964. In the face of this, Golden said. the Bush administration tried “to renege on its agreement for parallelism” between the ADA and the 1964 act. It backed an amendment that would have kept remedies for disability-based discrimination at current levels if and when discrimination remedies are increased for other minority groups and women. The amendment was narrowly defeated just prior to the final vote on the bill itself. Overall, Golden said. “We're ecstatic." The ADA “will hopefully begin to convey to the American public. left, center and right (because in some ways I don't think the consciousness of the left is any better), that disability is not a personal issue, that there’s a systematic oppression of people with disabilities. . . . Even Congress has faced the fact of the systematic discrimination. " PHOTO (by Tom Olin): A closer view of a mass of marchers coming around a huge tree on a broad sidewalk leading up to the Capitol. Stephanie Thomas, Frank Lozano, Jennifer Keelan and others lead the march which is 12 across in some places and scattered in others. The ADAPT flag (an American Flag with the stars arranged in the wheelchair symbol instead of in rows) flies over the crowd from a few rows back. Some people are in suits and ties, some in T-shirts. Some are in wheelchairs, some carry cameras; children to older folks are in the mix. Caption reads: Seven years of nonviolent civil disobedience by the American Disabled for Accessible Public Transit has been credited for the requirement that all new buses be lift-equipped. Above, ADAPT march on U.S. Capitol.
ADAPT (557)
Rocky Mountain News, Fri., March 23, 1990 U.S. plans to require handicapped-accessible buses Associated Press WASHINGTON — The government announced plans yesterday to require that all federally aided bus systems buy only vehicles that are accessible to the disabled and provide special door-to-door transit for those who can't make it to bus stops. Requiring both access and special services for all systems is expected to “increase significantly the amount and quality of service available to persons with disabilities," said a Transportation Department announcement. Groups representing the handicapped praised the announcement and a transit industry spokesman said bus companies are prepared for it. The proposed rule, expected to become final in September after a period for public comment, would match some of the requirements of legislation pending in Congress and meet the key transportation demands of disabled rights activists. More than 150 people were arrested in two incidents last week during demonstrations in Washington for the Americans With Disabilities Act. “The Bush administration is committed to policies that will ensure that people with disabilities have the opportunities available to other persons to use our mass transit system," said Transportation Secretary Samuel Skinner. Announcement of the proposed rule met the requirements of a Philadelphia federal court order that required the department to examine and change existing regulations but did not mandate what the changes should be. The order came in a suit by more than a dozen groups representating the handicapped. The department asked for comment on several options for exempting transit companies that would find it too costly to provide special door-to-door services for the handicapped. but no exemptions would be allowed for accessibility on all new buses. The rule does not require that wheelchair lifts or other devices be retrofitted onto existing buses but would apply to all new and refurbished buses and require companies to make an effort to buy only used buses with such equipment if available. IN COLORADO The Bush administration order making transit buses handicapped-accessible is seen as the climax of 12 years of activism by the group American Disabled for Accessible Public Transit, which was founded in Denver. “It's a substantial victory,” said Wade Blank, a co-founder of ADAPT. “Denver led the charge (for wheelchair-accessible buses) all across the country. Blank participated in recent demonstrations in Washington, D.C.in which hundreds of disabled people pushed for quick passage of the Americans with Act, which would extend civil rights to disabled people. Dozens were arrested during the demonstration, which Blank believes spurred the administration to act. Blank said cities as Pittsburgh and Cincinnati with public transit systems that are inaccessible to the disabled, would be forced to equip buses. --Leroy Wiiliams
ADAPT (567)
Rocky Mountain News Weds., May 23. 1990 (There are 2 articles here. The first article starts here on 567 and continues on 565, the whole story is included here for ease of reading. The second article comes after the first one.) WORLD & NATION News Editor 892-2634, John Davidson, National Editor 892-2731 Clifford D. May, International Editor 892-2739 House OKs rights bill for disabled Measure would ban discrimination Scripps Howard News Service WASHINGTON — The House yesterday passed legislation to outlaw discrimination against 43 million disabled Americans. The 403-20 vote in favor of the bill, regarded as the most sweeping civil rights legislation in a quarter-century, sends it to conference with the Senate, which passed its version 76-8 last fall. The measure is backed by President Bush, who campaigned on the Americans with Disabilities Act in the 1988 presidential race, when few voters had heard of the bill. Rep. Steny Hoyer, D-Md., who shepherded the legislation through the House, hailed it as “the most significant civil rights legislation since the Civil Rights Act of 1964.” The 1964 law barred discrimination based on race, sex, religion, color or national origin in private employment, public accommodations and government service. The Americans with Disabilities Act would extend civil rights protections to the disabled as well. Passage came despite opposition from business groups, which have complained about the potential for lawsuits along with the cost of adapting offices, plants and stores for disabled workers and customers. Sponsors counter that keeping the disabled out of the economic mainstream costs $170 billion a year in government benefits; they say this bill has been changed to take account of business concerns: Companies with 25 or more workers would have two years to comply with the employment provisions, with four years allotted firms with as few as 15 workers. To ease the expense of making smaller stores, restaurants and other public accommodations accessible to the disabled, the House voted to give small businesses at least two years to conform and exempted firms with fewer than 10 workers for 30 months. In Colorado According to Randy Chapman, director of Legal Services for The Legal Center Serving People with Disabilities. the expected passage or the American Disabilities Act will affect the state in three key ways: protect people with mental disabilities, allow disabled people to collect attorneys fees when challenging discrimination and require private businesses to provide reasonable accommodations for people with disabilities. A state law protecting people with mental disabilities is expected to take effect in about a year, but a federal law would take effect immediately, he said. Chapman said businessmen's fears that the law will cost them in litigation and renovations are somewhat unfounded. "Most (businesses) need little or no accommodations . . . and there was substantial litigation when a similar law (for employers receiving federal funds) was passed." Michael Auberger, co-director of the Colorado-based Atlantis Community for disabled citizens, said, "The law will open up the job market, the retail market . . . it will make us a legitimate class that has protection under the law that we never had before." —- Diane Goldie
ADAPT (568)
METRO Magazine March/April 1991 This article is on 568, 555,551 and 547 and is included here in its entirety for ease of reading. Disabilities Act Forces Sweeping Transit Changes Public, private operators must comply with new ADA law. Uncle Sam hustles to fine tune countless provisions. By Lenny Levine The Americans with Disabilities Act (ADA) will force sweeping changes on the transit industry, both public and private, and the battle to implement it is just being joined. When President Bush signed ADA into law last July shortly after overwhelming approval by Congress, it was the culmination of a decade-long struggle by advocates for the 43 million handicapped Americans and others to provide equal access for the disabled. The law affects transit buses, passenger trains, motorcoaches, stations and how the people who run them do business. Much is known about the law. Indeed, many in transit have long anticipated its provisions and made pieces of their operations “accessible,” the operative word. More, however, is not known. A slew of federal agencies is tuning the law. The name of the tune will unfold with time. What is known is this: Public agencies must make accessible all new vehicles purchased after last Aug. 25. Transit systems buying used vehicles must demonstrate “a good faith effort" to get accessible vehicles. Agencies that remanufacture vehicles to extend their life at least five years must make them accessible. All criteria, much of which has yet to be spelled out, must be implemented regardless of cost. All that also applies to private operators contracting with public agencies. There is some wiggle room, however. Waivers may be obtained in certain cases. That, too, will be spelled out as ADA is further refined. Motorcoach operators have more wiggle room, years of it. ADA says small private operators have six years after enactment of the law to become accessible, large operators, seven. But there begins the bureaucratic snafu. “What ‘small’ and ‘large’ mean haven't even been defined for us yet," said Steve Sprague, vice president for governmental affairs of the United Bus Owners of America (UBOA). He said “large” will probably be defined as Interstate Commerce Commission Class I operators. But the definition is a long way off. That definition — and countless other details that will govern the motorcoach industry —— will come from an old friend of bus folk. It is, ta da: THE STUDY. ”The study was mandated by ADA to govern the motorcoach industry. It is to be conducted by a broad-based committee of government, industry and technical people and advocates for the disabled over three years. Then the secretary of transportation reviews it for a year, and public comment is collected after that. Problem is, the study’s birth is overdue, wrapped up in Washington's womb of bureaucracy. Sprague, a member of the study’s committee, explained the delay like this: The committee is to be set up by the Office of Technology Assessment (OTA), an arm of Congress. OTA has never conducted such a study. And Congress has not yet given OTA money to do the study, although “the powers that be at OTA are trying to get the money." Sprague predicted the end result of the study will be that “overall, access must be provided for the disabled" by private operators. That could take many forms, Sprague said: There could be a subsidized pool of over-the-road vehicles regionally; the public fleet could be subcontracted to private operators; and, of course, private operators could make their vehicles accessible, one way or another. QUOTE highlighted from text: "It's a good thing we were given time to get things done" —Steve Sprague Charter law prevents public agencies from doing charter business if private charter buses are available, Sprague said, and it will remain so, for now. And there’s still the definition of what “access” means. UMTA is drafting rules and regulations. And the federal Architectural and Transportation Barriers Compliance Board has been holding hearings around the nation and must publish a final rule by April 26 on access to buildings and terminals, but not buses. In the meantime, while waiting for the federal government to define "access," Sprague said the secretary of transportation cannot demand wheelchair lifts on motorcoaches, but can only say buses must be accessible; that could be lifts, ramps or free assistance in boarding. “So it doesn’t necessarily mean there will be a bunch of new lifts," Sprague said, “because the secretary could not demand physical changes in equipment while the studies are under way. He can just say, ‘Don't discriminate.”’ With all the expected changes due, Sprague said, “It’s a good thing that we were given time to get things together.” If private operators have a few years to get things together, public transit agencies face Armageddon July 26. That’s when UMTA publishes a final rule on access. The notice on the rule will be published in March, said Richard Centner, UMTA director of public affairs, and there will be 60 days for public comment. Included in this complicated rulemaking process is input from federal agencies previously mentioned, plus the Federal Railroad Administration, Justice Department and other agencies within the Department of Transportation. An interagency task force has been formed, Centner said, to make sure all segments of the bureaucracy are on the same track. APTA recently was cosponsor of a seminar on accessibility, and is collecting data. For more information, phone Deborah Dubin at 202/ 898-4098. Transit agencies around the nation have long been providing service to the disabled, be it with paratransit, demand-responsive service or accessible buses. Some were doing it before ADA became a buzzword, others in anticipation of it. The Rapid Transit District in Los Angeles, for example, recently celebrated a decade of accessible service to the disabled. In 1974 the RTD became the first transit agency in the nation to begin buying all new buses with wheelchair lifts. “Today, 97 percent of RTD’s bus fleet of more than 2,600 buses are equipped with a wheelchair lift, and in the next couple of years the entire fleet will be lift equipped," said RTD General Manager Alan F. Pegg. Three percent, or 40,000, of RT D’s 1.3 million daily riders are disabled. Wheelchair boardings average 400 a day. In 1986 half the proceeds from a San Francisco Muni senior citizen fare increase were earmarked for paratransit. In 1989 San Francisco voters followed the lead of other voters in the area and approved a local sales tax increase for transportation, with eight percent of it set aside for paratransit. The Toledo Area Regional Transit Authority in Ohio recently began a program to help visually-impaired bus passengers. Cards are provided displaying the passenger’s bus route in a number large enough for a driver to see. The Central Ohio Transit Authority and a local group will share a $42,000 grant from Project ACTION to create and demonstrate cooperative methods for improving accessible public transportation. A local steering committee has proposed: mobility fairs where passengers can get training in using lifts; training for drivers; tapes to train passengers to become independent when using the transit system; and hosts and hostesses on the agency’s 41 new lift-equipped buses to help new riders. In addition to changing the face of transportation, ADA is also spawning a host of products. New wheelchair lifts and securement devices are only the beginning. One new product, Luminator’s large-format GTI Matrix Sign, is nearly double the size of the company’s MAX sign system. The new system has 16 rows by 112 columns and can display characters 9.5 inches high on a single-line message or two lines of characters 4.1 inches high. Luminator, of Plano, Texas, promotes the system as beneficial to riders who have limited vision. Remember ADAPT? “We've gotten everything we wanted in public transit,” said Wade Blank, founder of a group called ADAPT. Blank’s group was a driving force behind ADA and he and his colleagues have been a fixture for years demonstrating at APTA conventions. “I missed the intrigue of this year's convention," Blank admitted. ADAPT is still active in the rulemaking process for buses and trains, working with UMTA on an advisory task force.... Blank said, though, there is still some work to be done in the private sector. He said he is negotiating with Greyhound to allow a wheelchair on its buses instead of stowing the wheelchair and having an attendant put the wheelchair passenger in a regular bus seat. Blank also noted that it might not cost much more to build all buses from scratch with wheelchair lifts. He said, “We have agreed to accept the regulatory process and accept the five or six years" it will take to implement ADA for private operators, but “we really don't need five or six years. "The writing is on the wall." Although Blank may miss the intrigue of bus conventions, his group is taking on a new public giant. The group has changed its name from Americans Disabled for Accessible Public Transit to Americans Disabled for Attendant Programs Today. ADAPT is tackling the nursing home industry, which Blank said gets $19 billion yearly from Medicaid. Blank would take S5 billion of that and put attendants in homes of the elderly to care for them, thus keeping them out of nursing homes. Many questions remain on implementing ADA They involve more than just making buses and trains accessible to wheelchairs. Are elderly people, for example, considered “disabled?” There will be detailed regulations devised to accommodate the blind and the deaf. That could include special markings on vehicles and terminals. Route signs, handrails and fare boxes must be “accessible.” What about securement devices? And ADA specifies new employment provisions. Beginning July 26, 1992, employers with 25 or more employees cannot discriminate against qualified people with disabilities in job application procedures, hiring, promotion, firing, pay and job training. The employer must also make “reasonable accommodation" to disabled workers such as making existing facilities accessible, job restucturing, part-time or modified work hours and the provision of qualified readers or interpreters. On July 26, 1994, the provisions extend to employers with 15 or more workers. Transit people “are concerned about implementing ADA without cutting service," said an industry insider. “People candidly ask what will happen it they don’t (implement ADA)? lt will be a given there will he a lot of lawsuits if they don't, but we're all working together on this." "... in the next couple of years the entire fleet will be llft equlpped." -- Alan F. Pegg PHOTO: Close up of Wade Blank. He is wearing tinted, wire-rimmed, round glasses and his long hair falls from the part in the middle of his head. Caption reads: Blank. PHOTO: Close up on sign on the front of a bus reads "FLXIBLE" and an access symbol on one side. Caption reads: Luminaior's new matrix sign with letters 9.5 inches high is easier to read for passengers with vision problems.
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Disabled occupy House offices; 59 are arrested By Frank Wolfe and Sonsyrea Tate The Washington Times 3/15/90 About 300 disabled demonstrators from 40 states occupied two congressional offices and the House Judiciary Committee room in the Rayburn House Office Building for about five hours yesterday before Capitol Police began making arrests. The participants at times discarded wheelchairs and dropped to the floor in one representative's office as part of their demonstration for passage — without weakening amendments — of the Americans with Disabilities Act. Last night, 59 persons were arrested for unlawful entry when they refused to leave the building after the House ended its session about 8 p.m., Capitol Police said. The rest of the demonstrators left peacefully. Police, some wearing optional rubber gloves, carried the demonstrators out. The protest began about 3:15 p.m. when the activists, including 101 arrested Monday in the Capitol Rotunda, occupied the offices of Reps. Hamilton Fish Jr., New York Republican, and Bud Shuster, Pennsylvania Republican. Members of the group also occupied the meeting room of the Judiciary Committee, which is slated to consider the bill. It has passed the Energy and Commerce Committee by a 40-3 vote. But one of the amendments would make flexible the requirement that mass-transit authorities provide lift-equipped transportation for disabled people. Authorities could choose instead to provide “paratransit" services such as minivans. Protest leaders are concerned that such flexibility would lead to “segregated busing" in many states, said Mike Auberger, co-founder of American Disabled for Accessible Public Transportation and one of the protest organizers. Mr. Shuster was in a meeting of the House Select Committee on Intelligence yesterday afternoon and belatedly learned of the protest. Mr. Fish, ranking minority member of the House Committee on the Judiciary, offered his support for the bill with no weakening amendments and said he would use all measures available to him to defeat any such amendments, according to Ed Tessier, a quadriplegic who helped to organize the protest. Those assembled in Mr. Fish’s office then left. Later in the afternoon, demonstrators occupied Mr. Shuster‘s office, demanding to see the congressman and hoping to make it difficult for staff employees to leave. Mr. Shuster, a member of the House Public Works and Transportation Committee, acknowledged the demonstrators’ grievances and said the proposed transportation budget is severely lacking in money allotted for mass transit. “My heart goes out to them," the congressman told The Washington Times in a telephone interview. “I'm in a unique position. My mother was a double amputee in a wheelchair. I have more intimate experiences with the plight and problems of the disabled than perhaps any other member of Congress." The bill is slated for two other House committees, the House Committee on the Judiciary and the House Committee on Public Works and Transportation — committees the two congressmen sit on - before reaching the floor of the House. Mr. Shuster said that 100 percent federal mandate" wheelchairs would add 10 percent to the cost of buses and would provide “zero accessibility" for the thousands of disabled who need more comprehensive para-transit services, such as the minivan to transport them to bus stops. "This is a feel-good bill," he said. “There is no money accompanying the bill to pay for the costs it is proposing." He cited New York City, where he said there is, on average, one wheelchair rider per 19 buses, as an example of the need for a mix of lift—equipped buses and paratransit services. If there is a federal mandate on lift-equipped buses, he said, there would be a reduction in services for handicapped riders and for the general public.
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WHEN IS TOO MUCH: "Helping" the Disabled by Mary McKnew Just as airplane pilots want assurance that a plane's steering wheel won‘t come off while flying over Europe, people utilizing a bus wheelchair lift deserve to expect that the lift will operate in a safe and predictable manner. However, I have to admit that too much focus on “safety” issues has me a little worried. To some transit officials, “safety” issues in providing transportation services for people with disabilities raise old stereotypes of helplessness and can quickly become a rationale for imposing paternalistic policies. For example, here in Olympia, the local Intercity Transit Authority and the state's Department of General Administration are co-sponsoring a shuttle service between the capitol and downtown Olympia with routes passing other major states offices. With the local parking problem, this system is extremely convenient. From the beginning, all vans used in the service have been equipped with wheelchair lifts. All this, of course, is very commendable. So, what's the problem? Unfortunately, the van's tie-down system, lack of grab-bars and driver policies reflect a paternalistic attitude towards disabled passengers by promoting dependence in the name of safety. The tie-down system is one of the most primitive I have ever encountered. It uses straps to bind each of a wheelchair's four wheels to the floor in a rather intricate system that takes the driver approximately five minutes to accomplish. To tie-down a wheelchair, the driver must get on his or her hands and knees. Thus, it is not possible for even very mobile wheelchair users to accomplish this independently. However, once the straps are in place, none of the wheels will move even a centimeter. During this five minute routine, other van passengers wait outside (some glancing at their watches) until the driver folds the lift back in place and allows them to board. After being strapped down, the driver then will place a seat-belt around the wheelchair user. Seat belts are not available for other passengers. If the wheelchair user decides to reject use of a seat belt, the driver will attempt (sometimes loud) persuasion, finally telephoning into the office to report that the passenger has refused use of the belt. I use a wheelchair for mobility due to a low and incomplete spinal cord injury. I object to many of the features in the Intercity Transit system that, to me, are designed on the premise that people with disabilities will always need a lot of assistance from the driver. Although the driver should be trained and willing to provide assistance if it is requested, the system should be designed to promote maximum independence. Most tie-down systems can be easily manipulated by most wheelchair uses with finger movement. Although some wheelchair users need a seat belt due to problems with balance, drivers should not assume they are needed by all such passengers. A policy that requires a driver to phone in to report a passenger's rejection of the seat belt is founded on the belief that people with disabilities are incapable of making sound decisions regarding their own safety. Additionally, although grab-bars are located along the ceiling walls of other seats, none are available near the tie-down area. Thus, if the bus lurches while enroute, a wheelchair passenger has nothing to hold onto. I suppose this makes it more likely a wheelchair passenger will comply with the seat belt policy, recognizing that a passive restraint is better than none at all. Intercity Transit has been providing paratranslt services to people with disabilities for a number of years. They have moved into the provision of mainline transportation services (i.e., access to the regular bus service) only recently. It appears that they have simply shifted their operating policies and procedures from one system to the other without considering if these are applicable to the new service. I have brought my objections to Intercity Transit’s attention. Although the staff disagree with most, they are reconsidering others. Safety is a concern to people who use wheelchair lifts. However, we cannot allow it to become a convenient rationale for either eliminating the service or instituting restrictive policies that treat people with disabilities in a disparate manner from other passengers. PHOTO (by Tom Olin): A large crowd marches downhill on a wide street. In the front row a little girl in a wheelchair (Jennifer Keelan) is pushed by her mother (Cindy). Beside them a woman in a motorized wheelchair (Diane Coleman) and a long skirt and white jacket has a sign behind her reading "we the people." Beside her a man in a manual wheelchair (Bob Kafka) with a big salt and pepper beard rolls along. In the row behind, between Bob and Diane, is a woman in a wheelchair (Mary McKnew) and a man who walks (Lannie Schuman) are visible and next to them another man marches behind Diane. Behind Jennifer and Cindy is Tari Susan Hartman. Rows of marchers go further and further back up the street to the top of the hill and presumably beyond. Caption reads: Just to the right at the placard Washington residents Lannie Schuman and Mary McKnew participate in a San Francisco demonstration for transportation rights. ABOUT THE AUTHOR... In 1987, Mary McKnew tried to get arrested for the first time. She sat in front of a San Francisco police van and refused to move. She sat in her wheelchair directly under the wheels of a bus and refused to move. "I did many illegal things." she says wryly. What she did, she did in the name of accessible public transportation for people with disabilities... a personal and political quest McKnew has been following for the past 12 years. Although McKnew wasn't arrested at that demonstration (in spite of her civil disobedience efforts), many others were. More than 500 people organized by the American Disabled tor Accessible Public Transportation (ADAPT) marched through the streets oi San Francisco to the city hall to protest the continuing discriminatory policies supported by the American Public Transit Association (APTA). ADAPT has been a persistent thorn in the side of APTA for many years. Fortunately, their persistence paid off. With the final signing of the Americans With Disabilities Act (ADA) expected any day, ADAPT—- and McKnew — will see many of their demands for fair, accessible transportation become reality. But McKnew says that just because you pass laws doesn't mean you quit being an activist. "The ADA will bring private transit companies under regulations just like public ones," she says, "but just passing a law doesn't mean we solve the problem. implementation is a whole other thing." In part, McKnew was referring to the possibility that some private companies may reduce the seating capacity in some of their smaller vehicles in order to side-step the accessibility requirements mandated by the ADA. "What the ADA will do is provide a clear avenue for lawsuits," she says. Is McKnew planning on handling some of those lawsuits herself? It may be too early to tell. Currently an executive policy assistant in the Office of the Governor, McKnew is also a second-year law student at the University of Puget Sound. (This story continues in the original format on 571 but is included here in its entirety for ease of reading.)
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Fort Worth Star Telegram / Sunday March 26, 1989 [Headline] Disabled evicted by guards [Subheading] Fort Worth protest at courthouse ends BY Whitt Canning, Fort Worth Star Telegram Bob, Joe, Frank, Tim and Frazier spent a quiet evening Friday on the ninth floor of the Federal Building nodding off occasionally between friendly chats with the guards. Having arrived earlier in the day to take part in a protest by a group of disabled people against the Urban Mass Transit Administration, they hadn't really planned on staying the night. Things just sort of worked out that way. Their strange vigil ended abruptly about 1:15 p.m. yesterday when they were evicted by Federal Protection Service officers, who explained that it was being done for their own good. “They physically picked us up and carried us out," said Bob Kafka, admiring a skinned place on his right forearm that was bleeding slighty. “At least," said Joe Carle, “it was reassuring being in the hands of the kinder, gentler Bush administration." Kafka, 43, Carle, 50, Frank Lozano, 38, and Tim Baker, 26, are members of a group called American Disabled for Accessible Public Transportation that staged a nationwide protest Friday in an effort to dissuade the administration from appealing a recent decision in the 3rd Circuit Court of Appeals (ADAPT vs. Burnley). The decision requires wheelchair lifts on buses purchased with federal money. The Fort Worth protest involved 20 to 30 people, but Kafka, Carle, Lozano and Baker managed to reach the ninth-floor office of the administration's regional manager, Wilbur Hare. There, they requested he telephone White House chief of staff John Sununu and voice his support for the court decision. Joining the small group in its audience with Hare was Frazier, an amiable pooch who serves the visually impaired Lozano as a guide dog. Hare refused the request, and went home at 4:45 p.m., leaving the intrepid little band stuck on the ninth floor, vowing to stay through Easter weekend. “We were in the outer office, and he (Hare) came out once about 3:30 and told us he was leaving at his normal time," Carle said. "Then at 4:45, he came out, shook our hands, wished us happy Easter, and left. "We wished him happy Easter too." So the group was left occupying the building, along with several guards. At 6 p.m., Casey Bowen, director of building operations with the General Services Administration, told them they would not be forcibly removed, but he would not allow food to be brought in. As an added precaution, Kafka said, all the phones were removed. “I don't mean just in Hare‘s office," Kafka said. "lt looked to me like they removed every phone on the ninth floor. They didn‘t just disconnect them. They TOOK the phones off.“ The group settled in for the night. "Mostly, we tried to sleep as best we could, sitting in our chairs (Kafka, Carle and Baker use wheelchairs)" Kafka said. "I got the couch, since l'm the oldest," Carle said. “Frank slept on the floor because he doesn't have a wheelchair.“ "There are some vending machines up there," Kafka said, "and we ate some candy bars and drank some cokes that was about it. "The guards were very nice to us -- until today, when they evicted us." [Subheading] PROTEST About 6:30 a.m. yesterday, Kafka said, they asked the guards if they could send out for food and were refused. About 11 a.m. the group's attorney, Paul Alexander, arrived with the same request and also was refused. Then about l p.m., the group made another request — that Hare appear at a 6 p.m. news conference and agree to make the call to Washington tomorrow. ln return, they would end their occupation of the building. "That's when they evicted us," Kafka said. “They said they were acting on Bowen's orders and it was for our own good because we hadn't had anything to eat. “They picked me up out of my chair, because l wasn't going to leave, and carried me. That's how I got skinned up." “They had a little trouble getting Frank into a wheelchair," Carle said. “But Frazier went quietly when ordered to leave." Baker, who is severely disabled, did not fare so well, group members said. “When they were pushing him out in his chair, they didn't know how to operate it, and they tore up the motor and the clutch,“ Kafka said. “They did about $1,000 worth of damage to it." Guards at the building refused to comment. Hare did not show up at the news conference. And the I3 activists held up the starting time of 6 p.m. to wait for additional supporters who did not arrive. “We came here to fight for transportation, but we couldn't get the troops over to fight for them," Carle said, adding that none of the disabled could ride the bus downtown so only those who could afford a car could come. Kafka said that the group will examine legal recourse for injuries and damages incurred while being evicted. However, the group's lawyer, Paul Alexander, had advised the four that they might not have legal grounds because they were on federal property, Carle said. As to whether the demonstrators felt they had accomplished anything by the protest, Carle said, “We hope that somewhere along the line this wakes up the able-bodied community" and shows members of the disabled community that “they don't have to knuckle under." He said the group's impromptu occupation of Hare's office had probably amazed them as much as anyone else. “When we got here (with the other protesters), I was telling Bob that Mr. Hare was a pretty nice guy and would probably make the phone call fairly quickly," Carle said. “We were trying to figure out what we were going to do with the rest of the afternoon.“ Carle said other protests are planned soon, including one against Greyhound Corp. on Monday in Dallas. Greyhound, he said, has indicated it does not wish to adapt its buses to the handicapped. “I think this was an abomination," Kafka said. “As a Vietnam veteran, l am embarrassed for my country. But it's just another example of how the govrnment views the disabled. They don't want us to be people — they want us to sit down and shut up, or be put away in institutions. “I think a lot of people have a fear of the disabled." “They're trying to put us back where we've been for ... eternity," Carle said. "Instead of doing this, they should help us with job training so we can carry our own weight. “It's the only way we will ever become . . . people." The occupying force at least had a clear view of its immediate objective once it was back out on the street: friends who arrived to help were immediately dispatched to find food (“double burgers, chicken, and big milkshakes"). When the food gathering force hurried off, Carle offered one last observation on the situation. "Frazier," he confided. “is extremely upset about all this. “He says they treated him like a dog." Staff writer Betsy C.M. Tong contributed to this report PHOTO (by Ricky Moon, Fort Worth Star-Telegram): From left to right Frank Lozano kneels on the pavement, his hand on his dog Frazier's neck. Frazier, a white lab, sits calmly in harness, looking serenely off into the distance. Beside him is Joe Carle in a denim vest, ADAPT shirt, gimmie cap and dark glasses, he sits in his wheelchair and smiles. Next to him, Tim Baker, face partially obscured by his chin operated wheelchair control stick, looks over at Bob Kafka. Kafka, next to him is in his manual wheelchair and is talking to Tim. Behind them is the stark facade of the federal building. Caption reads: Frank Lozano, his dog Frazier, Joe Carle, Tim Baker and Bob Kafka, from left, sit outside the Federal Courthouse after their eviction.
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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.
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The Boston Herald, Thursday March 23, 1989 [Headline] Transit offices targeted for disabled protests [Subheading] Activists to show support for access decision By TOM SQUITIERI WASHINGTON — Activists for the disabled will picket federal mass transit offices in Boston and at least nine other cities tomorrow in a national show of support for a court action that could mean greater transit system access for the handicapped. The planned protests follow a U.S. Court of Appeals decision striking down federal Department of Transportation regulations permitting local transit systems to provide services to disabled persons only if advance reservations are made. The court also ordered that new transit buses bought with federal money be accessible to the disabled, required some level of transportation be provided to those not able to use buses and struck down a cap that now places a state or transit system in compliance with the law after spending 3 percent of its operating budget on disability needs. "We are very hopeful the (Bush) administration will not appeal the ruling. This is the first decision this administration has to make on disability issues. and the national-disability community will be watching closely," said Timothy Cook. director of the National Disability Action Center, a Washington-based advocacy group. The Justice Department reportedly is reviewing a possible appeal. Throughout the 1988 campaign, Bush advocated bringing the disabled more fully into society, but the White House had no comment on a possible appeal. The court ruling only affects new buses purchased and does not require retrofitting of existing vehicles — although Cook said the "logic of the ruling" should extend to newly purchased commuter rail cars or renovated stations. Bush also is being pressured by congressmen —- including the Massachusetts delegation, which sent him a letter this week — not to appeal the decision. “If allowed to stand, this court ruling would help reduce many of the transportation barriers which face our disabled neighbors. It would accomplish this goal as intended by Congress and without undue expense to state and local governments," said Sen. John Kerry (D-Mass.).
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[Headline] Wheelchair lifts required on all new transit buses Denver Post Staff and Wire Reports 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 Washington-based American Public Transit Association. He said wheelchair lifts receive limited use where they exist and are an added expense to transit agencies at a time when federal subsidies have been dwindling. On Monday, a 3rd U.S. Circuit Court of Appeals panel ruled 2-1 that Congress has made its wishes on accessibility clear, and that lift-equipped buses are part of that mandate. The court ordered the Transportation Department to rewrite a regulation allowing communities to offer alternative "paratransit” service, such as van rides, to the disabled. It said the 24-hour reservations that riders need to make for such services hinder spontaneous use of mass transit. The ruling apparently will have no impact on the Regional Transportation District in Denver, which already has a handicapped accessibility policy that mirrors requirements outlined by the appellate court, an RTD official said. RTD spokeswoman Diana Yee said 80 percent of the system’s 750-bus fleet is wheelchair lift-equipped. Additional service is supplied by a 16-vehicle paratransit program called Handi-Ride that uses vans and small buses to respond to individual transportation requests. RTD also is requiring private operators; soon to takeover 20 percent of the system’s routes, to use buses equipped with wheelchair lifts. James Fornari, a New York City attorney for a group of veterans with spinal-cord injuries, said the court ruling will force transit systems to look for the most efficient means of serving disabled people. “We are quite pleased with this decision, and I see it as a springboard for making other transit systems, which have buses accessible to the mobility impaired, so they can be mainstreamed into American life and society," Fornari 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.
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2/89 New York Times [Headline] Court Orders Buses Fitted for Handicapped PHILADELPHIA, Feb. 14 (AP) - A Federal appeals court ordered the Department of Transportation on Monday to require transit authorities around the country to equip new buses with wheelchair lifts. In its ruling, the United States Court of Appeals for the Third Circuit, in Philadelphia, said another Transportation Department regulation allowing communities to offer the handicapped services like special vans hindered the spontaneous use of mass transit by the disabled. The court also upheld a decision requiring the Transportation Department to eliminate a 3 percent limit on the amount of money transit authorities must spend to make transportation accessible. The lawsuit, filed by Americans Disabled for Accessible Public Transportation, a coalition of disabled people, and 12 organizations, attacked a provision of the Federal regulations on public transportation that allows local authorities to offer people in wheelchairs transportation in buses, special vans or a combination of the two. Judge Carol Los Mansmann of the appeals court, writing the 2-to-1 decision, said, "Congress wanted to provide the disabled with the capability to utilize mass transit to the ‘maximum extent feasible.'" Timothy M. Cook, director of the Washington-based National Disability Action Center, who argued the case before the court, said the ruling was "a major, major victory" for the handicapped. But a spokesman for transit agencies said the ruling did not address vexing problems. Albert Engelken, deputy executive director of the American Public Transit Association, said wheelchair lifts receive limited use where they exist and are an added expense to transit agencies at a time when Federal subsidies have been dwindling. Many local transportation officials declined comment on the ruling because they had not seen it. But Peter Dimond a spokesman for Massachusetts Bay Transportation Authority in Boston, said, "we have made a pledge that all buses we purchase in the future will be lift-equipped." It costs $15,000 to equip a bus with a wheelchair lift and buses cost about $200,000, according to Joaquin Bowman, a spokesman for the Southeastern Pennsylvania Transportation Authority.
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El Paso Times 2-16-89 Editorials [Headline] Court decision right The 3rd U.S. Circuit Court of Appeals ruling requiring wheelchair lifts on all new public buses has long been needed. The tragedy is that it takes court rulings to force many public operations to provide for the disabled. For once, El Paso is ahead of the order. According to bus system officials, all buses on order will have the lifts, which add about $15,000 to a bus’ price. An average bus costs about $200,000. El Paso's attempts at meeting needs for the disabled — separate minivans and buses — have been far from adequate. Reservations had to be made at least a day in advance and buses often only could be used for the basic necessities, such as trips for food and to the doctor. For a long time, evening rides were not available. People in wheelchairs had to depend on friends to get to a movie, theater or any kind of recreation. And too often, that meant no pleasure trips at all. Credit tor this recent court win goes to the Americans Disabled For Accessible Public Transportation, who filed the class-action lawsuit. El Paso has an active chapter of ADAPT. Its members have not been shy in pointing out barriers. Monday's court victory is an important step in eliminating one of those barriers.
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Page 8-A EXPRESS-NEWS, San Antonio, Texas, Tuesday, February 14, 1939 [Headline] Federal court order could have impact on VIA budget Complied from Staff and Wire Reports INSERTED QUOTE: “ The impact of the majority‘s decision will be very substantial throughout the country and will interfere with the local decision-making authority. I feel the court is overreaching." - Judge Morton Greenberg PHILADELPHIA — A court order Monday requiring the US Department of Transportation to require transit authorities to equip new buses with wheelchair lifts could have a significant impact on the budget of San Antonio's VIA Metropolitan Transit. Attorneys who brought the lawsuit that led to the ruling called it the most important decision ever handed down for handicapped people needing public transportation. Carol Ketcherside, assistant for governmental affairs to VIA manager Wayne Cook, said the wheelchair lifts add at least $15,000 to the cost of a new bus. The average life-time of a VIA bus is 12 years, she said, and when the expense is spread across a fleet of 500 buses, the cost for lifts "would be significant." The $15,000 cost does not include the cost for maintaining the lifts or for refitting bus stops to make them accessible, she said. All bus stops being built by VIA currently are accessible, however. The 3rd U.S. Circuit Court of Appeals said Monday a Transportation Department regulation requiring all new buses to accommodate wheelchairs conflicts with another allowing communities to offer only an alternative service, such as special vans to the handicapped, which VIA offers. The court said a rule requiring reservations 24 hours in advance for use of the alternative transportation hinders the spontaneous use of mass transit by the handicapped. As a result, the court ordered transit authorities to make "reasonable accommodations to their programs, i.e. purchase wheelchair-accessible buses." The court also upheld a controversial decision requiring the Transportation Department to eliminate a cap on the amount of money transit authorities need to spend on making transportation accessible. A federal judge ordered VIA in 1985 to upgrade its services for the handicapped following a class action suit brought in 1983. The bus company's response was to create VIAtrans, a fleet of specially equipped vans that provide service to the handicapped who give advance notice. Ketcherside also said VIA already spends more than the 3 percent maximum the Transportation Department can require for its accessibility programs. "We far exceed the requirements of the federal government" she said. She said VIA will have to wait to see whether the Transportation Department will appeal the ruling or issue new regulations in accordance with the appeals court order to determine how it will affect the transit company. A coalition of disabled people and 12 organizations called Americans Disabled for Accessible Public Transportation (ADAPT) filed the lawsuit last year that led to the appeals court decision. ADAPT contended that a provision of the federal regulations allowed authorities receiving federal transportation funds to exclude the handicapped from "effective and meaningful" access. The provision allows transit authorities to decide among three types of handicapped-accessible transportation: accessible buses, vans for the handicapped, or combination of the two. U.S. District Judge Marvin Katz overturned the provision in cases where the transit authority buys any buses. He also overturned a regulation requiring authorities to spend no more than 3 percent -- of their average annual operating budget on transportation for the handicapped. Katz called the limit arbitrary and said it allowed transit agencies "to eviscerate the civil right" to transit service that Congress mandated for the handicapped. Circuit Judge Carol Las Mansmann in writing the 2-1 opinion also cited Congress' intent. "Congress wanted to provide the disabled with the capability to utilize mass transit to the 'maximum extent feasible.' The DOT has failed to show that requiring the future purchase of accessible buses oversteps this legislative intent." Mansmann wrote. In a dissenting opinion, Judge Morton Greenberg said the section requiring new buses to be accessible was not meant to apply to transit systems choosing paratransit system, such as special vans. He also [said] the 3 percent cap was not arbitrary. “ The impact of the majority‘s decision will be very substantial throughout the country and will interfere with the local decision-making authority," Greenberg wrote, "I feel the court is overreaching." Timothy Gold [Cook] who argued the case before the court, said the ruling was “a major, major victory for the handicapped community ... we can't say enough positve things about it." Gold [Cook], who is now director of the Washington-based National Disability Action Center, said he hoped the ruling would not be appealed in light of President Bush's recent comments about wanting to bring the handicapped into the mainstream."