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+ wheelchair accessible buses 2
ADAPT (86)
Rocky Mountain News PHOTO, News Photo by Jose R. Lopez: A thin woman [Theresa Preda] with dark hair and a big smile stands facing a man [LA Kimball] sitting at a "classroom style" conference table. He has a sickly smile on his face as he looks up at her. Between the tables and beside the woman is a manual wheelchair and she is pointing to it. It appears a man in another wheelchair [Mark Johnson] is pushing the wheelchair toward Teresa. At the table next to Kimball another man, also a presenter, who does not appear to have a disability, stares at Kimball with a slightly startled look on his face. Caption reads: Theresa Preda presents a wheelchair to RTD Executive Director LA. Kimball, right. Disabled riders' flap marks parley By JERRY BROWN News Staff Acting under a court order, Regional Transportation District officials and members of Denver's handicapped community met Wednesday to discuss their differences, but a longstanding argument among the handicapped over the type of bus service they want dominated the session. The 90-minute meeting at the Cosmopolitan Hotel opened with two organizations that have fought for accessible service on RTD’s regular routes presenting a wheelchair to RTD Executive Director L.A, Kimball and urging him to use it to learn firsthand the difficulties handicapped people experience in riding buses. Kimball pledged to use the wheelchair presented by Atlantis and Holistic Approaches to Independent Living, but told reporters: “l probably won't tell you in advance when I'm going to do it." The meeting was the result of a negotiated court order between RTD and the two organizations stemming from a series of demonstrations the organizations staged at RTD buildings in January. Atlantis and HAIL were protesting the transit agency's decision not to put wheelchair lifts on 89 buses scheduled for delivery next year. They have filed a lawsuit in Denver District Court in an attempt to force RTD to put lifts on the buses. But more than half of the l00 or so handicapped people attending the meeting indicated they believed RTD should focus its efforts on the door-to-door service that RTD has provided the handicapped for more than five years — not the accessible service on regular routes advocated by Atlantis and HAIL. Kimball drew cheers when he announced that the door-to-door service, known as Handi-Ride, would not be discontinued this summer as planned. " Kimball said the door-to-door service would continue until sometime next year, and suggested that the handicapped groups present join in a regional effort to devise a system under which someone else would provide the door-to-door service when RTD ends it. RTD began providing wheelchair-accessible service on some regular routes last summer and has promised to have half of its peak-hour service and virtually all of its off peak service wheelchair accessible by July 1. Saying RTD cannot afford to provide both types of accessible service, RTD officials had said they would discontinue the HandiRide service after July 1. The threatened loss of HandiRide service has created a split within the handicapped community, which dominated Wednesday's meeting. Spokesmen for Atlantis and HAIL said they believe both types of service are necessary, and promised to fight any efforts by RTD to discontinue the HandiRide. They accused RTD of using the HandiRide to create dissension among their ranks and “stacking” the audience by sending invitations to HandiRide patrons. But Atlantis spokesman Wade Blank said: "In a way RTD did us a favor." Blank said the meeting would help open communications between the two handicapped factions.
ADAPT (483)
HIGHLIGHTS OF THE COURT DECISION The following is a summary and explanation of the court's decision by Timothy M. Cook, the attorney who argued the case on behalf of ADAPT. The court: l. Struck down, as contrary to federal disability civil rights law, “local option,” the DOT policy that allows transit systems the option of providing transit to persons with disabilities only if we make advance reservations, sometimes several days in advance, and then only in segregated settings. 2. Required that every bus newly purchased with federal assistance must be accessible. No retrofitting is required; the ruling only applies to future purchases. The court said that because transit systems may phase in accessible buses, the ruling would not lead to any undue financial burdens for transit systems. 3. Required that transit systems provide both accessible mainline transportation for those who can use accessible buses, and adequate paratransit to serve those who cannot. 4. Struck down the 3 percent cost cap under which DOT deemed transit systems to be in compliance with federal disability civil rights laws once they spent 3 percent of their operating expenses on disability access. As important as the holdings in the case are the language and rationale used by the court in reaching its conclusions. The 73-page, decision is laced with integration-oriented statements and phrases derived from the corpus of race and gender discrimination cases. Thus, the case sets forth a new charter for interpreting laws like Section 504, stating that Congress’ plain intent was to eliminate the segregation of persons with disabilities. It’s good cause for celebrating. But neither too long nor too loudly, for the war is not yet won. We must press forward on two important fronts before that day comes: l. First and foremost, DOT has 90 days from the date of this decision to decide whether to seek an appeal to the U.S. Supreme Court. This decision will be made by DOT and the Department of Justice, but the White House will also be involved. It is important that we mobilize quickly and inundate DOT, Justice, and the White House with letters from all of us, urging them to embrace the Court of Appeals Decision. Remind President Bush of his campaign promises to integrate persons with disabilities into all aspects of American life. Without access to public transit, as we all know, that is impossible. And just last week President Bush, in his speech to the joint session of Congress, reiterated his commitment to bring persons with disabilities into "the economic mainstream." Letters should go to: William Skinner Secretary of Transportation 7th & Maryland Ave., SW Washington; D.C. Dick Thornburg Attorney General Dept. of Justice 9th & Penna. Ave. NW Washington, D.C. C. Boyden Gray Counsel to the President 1600 Pennsylvania Ave. Washington, D.C. And, of course, to President Bush at the White House. 2. We must move forward in support of the Americans with Disabilities Act (ADA), using the court decision as additional impetus. The ADA, which will be reintroduced in the Congress soon, will require that all new buses and transit facilities be accessible. Urge your Senators and Congressperson to climb onto the bandwagon and be a co-sponsor of the ADA when it is reintroduced. If we can get the ADA enacted, there will be no need for any additional court fights.