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ADAPT (269)
The Cincinnati Post Tuesday, May 20, 1986 Lighthouse logo of Scripps Howard and the motto: "Give light and the people will find their own way." Editor Paul F. Knue, Editorial Page Editor Claudia Winkler, Managing Editor J. Stephen Fagan, Associate Editor James L. Adams 125 East Court Street, Cincinnati. OH 45202 (513)352-2000 Editorials Title: Buses and the disabled Shades of the civil rights movement returned to Cincinnati yesterday when members of ADAPT, which stands for American Disabled for Accessible Public Transportation, interfered with the operation of Queen City Metro buses. One latched onto a wheel well, and two others boarded and refused to leave. The protesters say members of the American Public Transit Association, who are meeting here this week, are moving slowly or not at all toward making all buses and trains fully accessible for the handicapped. They point to Metro, which has many buses without wheelchair lifts and 87 with lifts that it refuses to operate, as a microcosm of the problem nationwide. Some may condemn the protesters’ tactics of interrupting normal transit service, albeit by relatively non-violent means. The larger question, however, is whether the transit systems are going out of their way to leave the handicapped at curbside. That's certainly not the case with Metro. Metro has contracted with a private company to provide door-to-door (more accurately, curb-to-curb) service for the handicapped within Cincinnati. The system isn't perfect, but it is growing. Complaints abounds that scheduling the Access vans is difficult, and Metro has failed to meet a five-year goal of providing van service to all of Hamilton County, says general manager Tony Kouneski. The problem, here and elsewhere, is one of money. ADAPT wants the lifts as well as the door-to-door service. It’s tough to have it both ways, especially since federal dollars for mass transit have been cut almost 25 percent by the Reagan administration. States have been hard-pressed to fill that gap, and a sales tax increase for Metro failed miserably in 1980. Kouneski says if Metro did, indeed, have an extra $350,000 for operating and maintaining the 87 wheelchair lifts, the money would be better spent on door-to-door service. That's a decision that groups such as the Greater Cincinnati Coalition of People With Disabilities and Metro's own advisory council for the handicapped should help make and implement. Members of national groups such as ADAPT, meanwhile, have made their point. They should now turn their efforts to such things as legal parades and peaceful picketing. Instead of continuing their Cincinnati protest, they should devote their energies to lobbying Washington and the legislatures to fund their full-access plan before someone is seriously injured.
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Cincy orders protesters out A May bus protest in Cincinnati has been described “as the most effective, courageous and fun action ever accomplished in the movement for disabled rights," according to literature mailed out by the American Disabled for Accessible Public Transit (ADAPT). Some 85 members of ADAPT were in Cincinnati in mid-May to picket a regional convention of its arch-enemy, the American Public Transit Association (APTA) and to dramatize what a lack of accessible buses means to the disabled population of that Ohio city. The action began with the customary march on the convention hotel on Sunday, May 18. No arrests were made but marchers were greeted at the Westin Hotel by police and double barricades. None of the protestors was allowed into the hotel. Pointing out that other people were passed through the barricades, Bob Kafka of Austin, Texas, said the wheelchair protestors were being discriminated against. However, Cincinnati police captain Dale Menkhaus said that such actions, were proper when taken to protect private property from any group seeking to disrupt other lawful gatherings. The following day Kafka and fellow Texan George Cooper of Dallas dragged themselves onto a City Metro bus, paid their fares, and were arrested. They were reportedly told that “it’s not safe for disabled people to be on the regular bus.” The two were later released on $3,000 bond and ordered out of town, an action that ADAPT leaders described as blatantly unconstitutional. A third protestor, Mike Auberger of Denver, who is a former resident of Cincinnati, was arrested when he attempted to block the bus on which Cooper and Kafka were riding. Auberger said he originally left Cincinnati because of that city's “nineteenth century” attitude toward persons with disabilities. None of the Queen City Metro buses are accessible to the disabled, although 87 of the buses do have lifts which have been bolted down. Metro officials estimate it would cost them $350,000 to return those lifts to operational status. A local Cincinnati disabled activist said that's why she agrees with ADAPT’s goals, even if she can't go along with their methods. Dixie Harmon, co-chairperson of the Specialized Transportation Advisory Committee to Queen City Metro and a member of the Greater Cincinnati Coalition of Persons with Disabilities, said that the city’s service for disabled riders was inadequate. A disabled person must request space 24 hours in advance from Access, the paratransit system, but even then there's not always a space. “They dictate our lives to us because we have to go and come as there's space available.” ADAPT members said that's why they were willing to go to jail to publicize their cause. Police, however, made no arrests when 15 wheelchair protestors rolled onto a highway where vehicles were traveling at 40 miles per hour and blocked seven buses that were carrying APTA delegates and their spouses to a dinner at the Pro Football Hall of Fame in nearby Canton. Police were caught by surprise, as they had barricades to turn back protestors at the entrance to the Hall of Fame. Two local disabled leaders who were accompanying the APTA delegation to the dinner were taunted as “Uncle Toms” in front of TV cameras. Early the next day ADAPT members were back in front of the Weston Hotel where they erected a huge cross and hung a wheelchair from it in a mock crucifixion. On the final day of the convention, 17 protestors were arrested when they blocked the hotel driveway and refused police orders to move. Many of those arrested were ordered to jail unless they agreed to leave town. Three protestors, Auberger, Cooper and Kafka, decided the time had come for disabled protestors to do “hard time” and ended up serving 10 days. Five other protestors were turned out of jail because they had special medical problems or speech impairments. Others were released after pleading “no contest” to the charges in hastily organized trials. “Even the story we had left town and the protest was over made TV news," an ADAPT spokesperson said.
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The Cincinnati Enquirer Photo by the Cincinnati Enquirer/Michael E. Keating: Four police officers holding a thin, tall man (Jim Parker)by his legs and arms suspending him in the air while they try to place him in the wheelchair. Another police officer and a passerby at the street corner are visible in background, as well as a city bus parked with its doors open. Caption: Cincinnati Police lower ADAPT activist Jim Parker into his wheelchair after removing him from a Metro bus. He had crawled aboard. [Headline] Group seeks access for wheelchairs By David Wells George Cooper and Bob Kafka climbed aboard a City Metro bus at Government Square Monday, paid their fares and were arrested. Cooper and Kafka were among several dozen members of the American Disabled for Accessible Public Transit (ADAPT) demonstrating this week against Metro and the American Public Transit Association gathered at the Westin Hotel. ADAPT disrupted operations at Metro’s main downtown stop on Government Square for about two hours Monday. Following arrests of Cooper and Kafka, Metro rerouted its buses and avoided further confrontation with the wheelchair-bound demonstrators. ADAPT wants full accessibility for the handicapped on all public transportation facilities. Regular Metro coaches do not have wheelchair lifts. The company does provide transportation for the handicapped with special, lift-equipped Access vans. ADAPT claims that Access vans are unreliable in poor weather and even in good weather require a 24-hour advance reservation. The group also wants the national transit association to adopt a resolution at its Cincinnati convention requiring full access for the handicapped. Wheelchair-confined demonstrators picketed Westin entrances throughout the day but were denied admission to the hotel or adjoining public atrium. Cooper of Dallas, and Kafka of Austin, Texas, were charged with criminal trespass after they refused requests from Metro and the Cincinnati Police to get off the bus. “There are no lifts in these buses. It is not safe (for the handicapped), “said Murray Bond, assistant general manager for the company. Yet, after Cooper and Kafka were arrested, they were transported to the Hamilton County Justice Center on the bus rather than being transferred to a lift van. “That was a judgement call on my part,” said Capt. Dale Menkhaus, who headed the police detail. “It was decided it would be much easier and safer to transport them on the bus than to try to carry them off of it.” Four officers rode with the prisoners to ensure they were not jostled on the five-block trip to jail. Also arrested at the demonstration was Mike Auberger from Denver, who Menkhaus said attempted to block the bus carrying Cooper and Kafka. Auberger was charged with disorderly conduct and taken to the Justice Center in a lift van. Menkhaus said it was “a no win situation” for the police. No matter how sensitively the officers acted, they still had to confront and arrest people in wheelchairs. Officers in that detail were briefed on handling the demonstrators. Menkhaus said. “Our officers were told to ask each individual what the best way to lift him was, even to the point of which limb they would prefer to have moved first.” Still, to the members ADAPT, they were being dragged off the buses. “People were being dragged off the buses because they just wanted to ride,” said Bill Bolte of Los Angeles. When ADAPT member Rick James, a cerebral palsy victim repeatedly tried to roll his motorized chair into the street and in front of buses, police officers unplugged the chair’s battery. It left James immobile on the sidewalk. Other ADAPT members reconnected the battery and James pulled up in front of another bus. Metro eventually took the bus out of service and left it parked at the stop during the demonstration. At the Justice Center, all three prisoners co-operated fully with deputies, said Sheriff Lincoln Stokes. About five other demonstrators boarded buses that pulled in the stops at Government Square but they got off the bus when asked to do so, Menkhaus said.
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[Headline] Disabled riders hopeful after meeting transport officials San Diego Union By Ric Bucher, Staff Writer 2/11/85 Mike Auberger and Dana Jackson were not smiling when they wheeled out of the Hilton Hotel's Capri Room, but they were hopeful. Auberger and Jackson, along with 13 other wheelchaired members of American Disabled for Accessible Public Transportation, asked board members of the American Public Transportation Association to endorse full accessibility for the disabled to all public transit vehicles. And they aimed their plea at the board members’ hearts rather than their budget. “I think we really shook them up,” Jackson said. “They have come a long way,” Auberger said. “Two years ago, they didn't want us in the room. This time they asked questions.” One of those questions, posed by John Pingree, transit manager of Salt Lake City, Utah, personalized one of APTA’s primary disagreements with the ADAPT group. The transit manager said he has an autistic child whom handicap requires the use of specially equipped vans presently available to the handicapped in most cities. The cost of fitting public transportation system with wheelchair lifts, ramps and wider doorways would take away funds currently subsidizing these van services, APTA members claim. ADAPT members say, however, that the van service method is severely handicapped itself. Van service must be reserved 24 hours in advance for a specific time and destination, and ADAPT members say the vans segregate them from the rest of the public. “Imagine if you had to program your car 24 hours in advance every time you wanted to go anywhere, and that was the only way you could get there,” Jackson said. Jackson is the ADAPT transportation coordinator in Washington, D.C. Wade Blank, who helped found ADAPT 12 years ago, said the group's appeal focused on “the moral imperative” aspect of equal access, instead of “costs and everything else.” Blank, who is not disabled, feels the transit system discriminates against the disabled now as it once did against black people. Blank believes the presentation created a rift between transit managers who have superior handicap access – Seattle was cited as the best – and those with lesser facilities. San Diego is one of the worst, according to Auberger. APTA’s executive vice president, Jack Gilstrap, said the APTA board has appointed a committee to study the ADAPT and give a report, tomorrow. Gilstrap said the main purpose of the meeting here is to address the severe budget cuts planned for the Department of Transportation by the government.
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[Headline] Bus-lift rule leaves agencies in bind PHILADELPHIA (AP) — Advocates for the disabled yesterday 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 U.S. 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. . 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 Transportation Department regulations being drafted on light rail and commuter rail systems. “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. Transportation Department spokesman Bob Marx declined comment on the ruling.
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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."
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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.